Research methodology
TA session
Week-6
Intellectual property
TA session 6- 02/09/2024
Sindhu M
Introduction to the TA session
● Every Monday 6pm to 8pm.
● To discuss and solve problems similar to the assignments given.
● Doubts about the problems discussed in today’s session will be cleared.
● Assignment problems will NOT be discussed.
● TA sessions are only for problem solving, for other questions about the course, please use
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● Slides and session recording will be shared. Session recording will be uploaded on youtube.
● https://meet.google.com/gii-vsnu-owc
● Slides link- https://docs.google.com/presentation/d/18P9M4i-
8uX_xiQGQmCSjSeY4IcwBH266/edit?usp=drive_link&ouid=106001091028820920900&rtpof
=true&sd=true
1
What does an IP right entitle a person?
1. Right to file a suit in case of an infringement
2. Right of excludability
3. Right of commercial exploitation
4. All of the above
Solution-1
1. Right to file a suit in case of an infringement
• Correct: Intellectual Property (IP) rights grant the holder the ability to take legal action against others who
use, copy, or exploit their IP without permission. This is a fundamental aspect of IP rights, as it allows the
holder to enforce their rights and seek remedies like damages or injunctions.
2. Right of excludability
• Correct: One of the primary features of IP rights is the right of exclusion. This means that the IP owner can
prevent others from using, making, selling, or distributing the protected work, invention, or design without
permission. It’s a core aspect of IP rights.
3. Right of commercial exploitation
• Correct: IP rights allow the owner to commercially exploit their IP. This can include selling the rights,
licensing them to others, or using them as a basis for a business. The right of commercial exploitation is one
of the key incentives for the creation of IP.
Conclusion:
• All of the above is the correct answer, as IP rights include the right to file a suit in case of infringement, the
right of excludability, and the right of commercial exploitation.
1 ans
What does an IP right entitle a person?
1. Right to file a suit in case of an infringement
2. Right of excludability
3. Right of commercial exploitation
4. All of the above
2
Daisy invents an umbrella that could be folded 6 times and
easily put into a dress pocket or a hand bag. Which of the
following IP rights is the most appropriate in protecting her
novel invention?
1. Copyrights
2. Patents
3. Trade Marks
4. Trade Secrets
1. Copyrights
• Incorrect: Copyrights protect original works of authorship, such as literature, music, and art. They do not apply to
inventions or functional objects like an umbrella. Therefore, copyrights would not be appropriate for protecting
Daisy's novel invention.
2. Patents
• Correct: Patents are the most appropriate IP right for protecting inventions, particularly those that are novel, non-
obvious, and useful. Daisy’s umbrella, which can be folded six times and easily carried, qualifies as an invention.
By obtaining a patent, Daisy would secure exclusive rights to make, use, and sell the umbrella for a limited period,
typically 20 years from the filing date.
3. Trade Marks
• Incorrect: Trademarks protect brand names, logos, slogans, and other identifiers that distinguish the goods or
services of one entity from those of others. They do not protect the functional aspects or design of an invention
like Daisy's umbrella. Thus, trademarks are not suitable for protecting this type of innovation.
4. Trade Secrets
• Incorrect: Trade secrets protect confidential business information, such as formulas, processes, or strategies,
that gives a competitive advantage. While trade secrets could theoretically protect the method of making the
umbrella if kept secret, they are not the best fit for protecting the invention itself. A patent would be more
appropriate for this purpose since it would offer broader protection and allow Daisy to enforce her rights legally.
Conclusion:
• Patents is the correct answer because Daisy's novel and functional invention of an umbrella would be best
protected under patent law.
2 ans
Daisy invents an umbrella that could be folded 6 times and
easily put into a dress pocket or a hand bag. Which of the
following IP rights is the most appropriate in protecting her
novel invention?
1. Copyrights
2. Patents
3. Trade Marks
4. Trade Secrets
3
Michel Frey has designed a uniquely shaped walker for his friend Johnny
English, which can be collapsed and, with the aid of two levers, also used
as a chair. Michel plans to commercially produce his design under the
name of “JoFrey Stroller”. Which of the following types of intellectual
property would most likely apply to Michel’s creation?
1. Patent; copyright; trademark
2. Patent; trademark; industrial design
3. Trademark; industrial design; trade secret
4. Copyright; trademark; industrial design
1. Patent; copyright; trademark
• Incorrect:
• Patent: Correct, since Michel has created a functional invention (a uniquely shaped walker that can be collapsed and used as a
chair), it would likely be eligible for a patent.
• Copyright: Incorrect, as copyright would not protect the functional aspects of the walker or its design. Copyrights are more relevant
to artistic, literary, and musical works, not physical inventions.
• Trademark: Correct, because Michel plans to commercially produce his design under the name “JoFrey Stroller,” and a trademark
could protect this brand name.
2. Patent; trademark; industrial design
• Correct:
• Patent: Correct, as Michel's walker is a novel invention with functional aspects.
• Trademark: Correct, to protect the brand name “JoFrey Stroller.”
• Industrial Design: Correct, as industrial design rights could protect the unique visual appearance of the walker, including its shape
and aesthetic features.
3. Trademark; industrial design; trade secret
• Incorrect:
• Trademark: Correct, for protecting the brand name “JoFrey Stroller.”
• Industrial Design: Correct, for protecting the visual aspects of the walker.
• Trade Secret: Incorrect, as trade secrets are used to protect confidential information and processes that provide a competitive edge,
not the functional or aesthetic aspects of a publicly available product like Michel's walker.
4. Copyright; trademark; industrial design
• Incorrect:
• Copyright: Incorrect, as it doesn't apply to the functional design or invention of the walker.
• Trademark: Correct, for the brand name protection.
• Industrial Design: Correct, for the visual design protection.
Conclusion:
• Patent; trademark; industrial design is the correct answer because:
• A patent would protect the functional invention of the walker.
• A trademark would protect the brand name “JoFrey Stroller.”
• Industrial design rights would protect the unique visual design of the walker.
3 ans
Michel Frey has designed a uniquely shaped walker for his friend Johnny
English, which can be collapsed and, with the aid of two levers, also used
as a chair. Michel plans to commercially produce his design under the
name of “JoFrey Stroller”. Which of the following types of intellectual
property would most likely apply to Michel’s creation?
1. Patent; copyright; trademark
2. Patent; trademark; industrial design
3. Trademark; industrial design; trade secret
4. Copyright; trademark; industrial design
4
What is the full form of TRIPS?
1. Tariff Related Aspects of Intellectual Properties
2. Trade Related Aspects of Intellectual Property Rights
3. Trade Related Aspects of Intellectual Property Science
4. The Registration of Intellectual Property
4 ans
What is the full form of TRIPS?
1. Tariff Related Aspects of Intellectual Properties
2. Trade Related Aspects of Intellectual Property Rights
3. Trade Related Aspects of Intellectual Property Science
4. The Registration of Intellectual Property
5
Patent law provides the owner of the patent the right to—
1. Use only
2. Make, sell, use, offer for sale or export
3. Only to make and offer for sale
4. Make, use, sell offer for sale or import
1. Use only
• Incorrect: Patent law provides more extensive rights
than just the right to use the invention. While the patent
owner does have the right to use the invention, this
option is too limited.
2. Only make the product
Incorrect: Patent law provides more extensive rights
than just the right to make the invention. While the
patent owner does have the right to use the invention,
this option is too limited.
3. Only to make and offer for sale
• Incorrect: This option is too limited. While making and
offering for sale are rights included under patent law,
the patent owner also has additional rights such as
using, selling, and exporting the invention.
4. Make, use, sell, offer for sale, or import
• Correct: This option is also correct. Patent law grants
the patent owner the right to make, use, sell, offer for
sale, and import the patented invention. The right to
import is particularly relevant in the context of
international trade.
5 ans
Patent law provides the owner of the patent the right to—
1. Use only
2. Only make
3. Only to make and offer for sale
4. Make, use, sell offer for sale or import
6
The Rebook delta symbol and Hyundai Logo are protected by—
1. Patents
2. Trade Marks
3. Trade dress
4. Geographical Indications
1. Patents
• Incorrect: Patents protect inventions and functional innovations. They do not protect
symbols, logos, or brand identifiers. Therefore, patents are not applicable here.
2. Trade Marks
• Correct: Trademarks protect brand names, logos, symbols, and other identifiers that
distinguish the goods or services of one entity from those of others. The Reebok Delta
symbol and Hyundai logo are both brand identifiers, making trademarks the appropriate
form of protection.
3. Trade dress
• Incorrect: Trade dress refers to the visual appearance of a product or its packaging
that signifies the source of the product to consumers. While logos can sometimes be
part of trade dress, the Reebok Delta symbol and Hyundai logo are specifically protected
under trademark law.
4. Geographical Indications
• Incorrect: Geographical indications protect the names of products that come from a
specific location and possess qualities or a reputation due to that origin (e.g.,
Champagne, Roquefort cheese). This does not apply to brand logos like Reebok's or
Hyundai's.
6 ans
The Rebook delta symbol and Hyundai Logo are protected by—
1. Patents
2. Trade Marks
3. Trade dress
4. Geographical Indications
7
Which of the following is NOT a remedy for infringement of Intellectual
Property?
1. Damages
2. Injunction
3. Accounts for profits
4. Specific performance
1. Damages
• Correct: Damages are a common remedy in IP infringement cases. They
compensate the IP owner for the financial loss suffered due to the infringement.
2. Injunction
• Correct: An injunction is another common remedy. It is a court order that can
stop the infringer from continuing the infringing activity.
3. Accounts for profits
• Correct: This remedy requires the infringer to pay the profits made from the
infringement to the IP owner. It is an alternative to damages and is often used
when the infringer has gained financially from the infringement.
4. Specific performance
• Incorrect: Specific performance is a legal remedy that compels a party to
perform their obligations under a contract. It is not typically a remedy for IP
infringement. Instead, it is more commonly used in contract law, particularly in
cases involving unique goods or real estate.
7 ans
Which of the following is NOT a remedy for infringement of Intellectual
Property?
1. Damages
2. Injunction
3. Accounts for profits
4. Specific performance
8
Which of the following statements is true with respect to Industrial
Designs?
1. It protects the ornamental and aesthetic aspect of an article
2. In India, the maximum term of protection is 15 years
3. Industrial Design protects both three dimensional and two-
dimensional features of a product
4. All of the above are true
1. It protects the ornamental and aesthetic aspect of an article
• True: Industrial design protection focuses on the ornamental and
aesthetic aspects of a product, such as its shape, pattern, or color. It
does not cover the functional aspects of the product.
2. In India, the maximum term of protection is 15 years
• True: In India, the initial term of protection for an industrial design is 10
years, which can be extended for an additional 5 years, making the
maximum term of protection 15 years.
3. Industrial Design protects both three-dimensional and two-
dimensional features of a product
• True: Industrial design protection can apply to both three-dimensional
features (such as the shape or surface of an article) and two-
dimensional features (such as patterns, lines, or color).
4. All of the above are true
• True: Since all the individual statements are correct, this option is also
true.
8 ans
Which of the following statements is true with respect to Industrial
Designs?
1. It protects the ornamental and aesthetic aspect of an article
2. In India, the maximum term of protection is 15 years
3. Industrial Design protects both three dimensional and two-
dimensional features of a product
4. All of the above are true
9
What is the duration of copyright protection Pankaj Mishra can seek in
India for his new non-fiction book on Age of Anger: A History of the
Present?
1. Only during the lifetime of Pankaj Mishra
2. Lifetime of Pankaj Mishra plus a period of 60 years after her death
3. Pankaj Mishra or his legal heirs can seek copyright protection in her
work for perpetuity
4. Non-fiction works cannot be protected
1. Only during the lifetime of Pankaj Mishra
• Incorrect: Copyright protection does not end with the author's lifetime. In India,
copyright extends beyond the author's lifetime.
2. Lifetime of Pankaj Mishra plus a period of 60 years after his death
• Correct: In India, the duration of copyright protection for literary works, including
non-fiction books, is the lifetime of the author plus 60 years after the author's death.
This period applies to the author’s original works and their legal heirs.
3. Pankaj Mishra or his legal heirs can seek copyright protection in his work for
perpetuity
• Incorrect: Copyright protection does not last indefinitely. It lasts for the lifetime of the
author plus 60 years after death, not in perpetuity.
4. Non-fiction works cannot be protected
• Incorrect: Non-fiction works are indeed eligible for copyright protection, just like
fiction works. The content, style, and presentation of non-fiction works are protected
under copyright law.
9 ans
What is the duration of copyright protection Pankaj Mishra can seek in
India for his new non-fiction book on Age of Anger: A History of the
Present?
1. Only during the lifetime of Pankaj Mishra
2. Lifetime of Pankaj Mishra plus a period of 60 years after her death
3. Pankaj Mishra or his legal heirs can seek copyright protection in her
work for perpetuity
4. Non-fiction works cannot be protected
10
Under the Patents Act, 1970, the person entitled to receive a patent on a
new invention is—
1. The one who invented the invention first
2. The one who commercialise the invention first
3. The one who thought of the invention first
4. The one who filed a patent application first
1. The one who invented the invention first
• Incorrect: While being the first inventor is important, the Patents Act does not
necessarily grant the patent to the first inventor. In many jurisdictions, including India,
the right to a patent is determined by the filing date rather than the date of invention.
2. The one who commercializes the invention first
• Incorrect: Commercializing the invention does not affect patent rights. Patent
protection is granted based on the filing date of the patent application, not on
commercialization.
3. The one who thought of the invention first
• Incorrect: Similar to being the first inventor, merely thinking of the invention first
does not grant patent rights. The patent system does not reward ideas alone but
rather the formal application and filing of the invention.
4. The one who filed a patent application first
• Correct: Under the Patents Act, 1970, the right to a patent is granted to the person
who files a patent application first. This principle, known as "first-to-file," ensures that
the patent is awarded based on the filing date rather than the invention date.
10 ans
Under the Patents Act, 1970, the person entitled to receive a patent on a
new invention is—
1. The one who invented the invention first
2. The one who commercialise the invention first
3. The one who thought of the invention first
4. The one who filed a patent application first
IP Type Validity Definition Example Rights Granted
Patents 20 years from Exclusive right granted for an A new pharmaceutical drug, a The right to exclude others from
filing date invention that is new, non- novel manufacturing process, or making, using, selling, offering for sale,
obvious, and useful. a unique mechanical device. or importing the patented invention.
Copyright Life of the Exclusive rights granted to the A novel, a musical composition, The right to reproduce, distribute,
s author + 60 creators of original works of a feature film, or the source code display, perform, and make derivative
years authorship such as books, of a software application. works of the copyrighted material.
songs, movies, and computer
programs.
Trademar Renewable 10- Distinctive signs that identify The Nike "Swoosh" logo, the The right to use the mark to identify and
ks year terms the source of goods or Coca-Cola brand name, or the distinguish the goods or services, and to
services. McDonald's "Golden Arches". prevent others from using similar marks
that would likely cause consumer
confusion.
Trade Indefinite, as Confidential business The formula for Coca-Cola, the The right to maintain the secrecy of the
Secrets long as the information that provides a recipe for KFC's fried chicken, or information and to take legal action
information competitive advantage. the algorithm used by a search against those who misappropriate the
remains secret engine. trade secret.
Industrial 10 years, The ornamental or aesthetic The distinctive shape of a mobile The right to prevent others from making,
Designs renewable for aspects of a product. phone, the unique design of a selling, or importing products that copy
another 5 years car's headlights, or the the registered design.
decorative pattern on a piece of
furniture.
