IPR & Legal issues MCQ Quiz - Objective Question with Answer for IPR & Legal issues - Download Free PDF

The correct answer is A, B and C.

Key Points

• The Digital Millennium Copyright Act (DMCA) was signed into law by President Clinton on October 28, 1998.
• It implements two key 1996 World Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty.
• The DMCA also addresses various significant copyright issues.
• The DMCA is divided into five titles:
  • Title I: Implements the WIPO treaties.
  • Title II: Limits the liability of online service providers for copyright infringement under certain conditions.
  • Title III: Exempts making copies of computer programs for maintenance or repair purposes.
  • Title IV: Includes miscellaneous provisions on the Copyright Office, distance education, library exceptions, ephemeral recordings, webcasting, and motion picture rights transfers.
  • Title V: Introduces protection for the design of vessel hulls.

The Correct answer is Patent

Key Points

• A Patent is a legal document granted by a government authority to an inventor or organization.
• It provides the patent holder with exclusive rights to use, manufacture, and sell their invention for a specified period, usually 20 years.
• The primary objective of a patent is to protect the intellectual property of an inventor while encouraging innovation.
• Patents are a valuable source of industrial information as they include detailed descriptions of the invention, technical specifications, and claims.
• They can be used to study technological advancements, track competitors, and identify emerging trends in various industries.
• Patent databases such as Google Patents, the USPTO (United States Patent and Trademark Office), and the European Patent Office (EPO) are widely used for research and analysis.
• Patents play a critical role in promoting economic growth and fostering innovation by protecting the rights of inventors.

 Additional Information

• Report
  • A report is a written document that presents information, analysis, or findings on a specific topic.
  • It is commonly used for academic, business, or organizational purposes and serves as a tool for decision-making.
  • Unlike patents, reports are not legal documents and do not provide exclusive rights to the information contained within them.
• Law Review
  • A law review is a scholarly journal focusing on legal issues, analysis, and studies.
  • It is primarily used by legal professionals, academics, and students to gain insights into case laws, statutes, and legal theories.
  • Though it provides valuable information, it is not a source of industrial information like patents.
• Pre-print
  • A pre-print is an early version of a research paper or study that has not yet been peer-reviewed or published in a journal.
  • It is often shared for feedback or to disseminate findings quickly but is not considered a legal document.
  • Pre-prints lack the formal structure and protection that patents provide for industrial information.

The Correct answer is Cross Ref

Key Points

• Turnitin- 
  • Turnitin is an Internet-based plagiarism detection service run by the American company Turnitin, LLC.
  • It is considered to be “the world’s most widely recognized and trusted resource to prevent Internet plagiarism”
• DrillBit:
  • ​DrillBit is a cloud-based plagiarism detection software designed for academic use. It effectively identifies plagiarized content across various sources, including academic publishers, journals (both premium and open access), web pages, thesis and dissertation repositories, conference papers, and student papers.
  • Utilizing advanced Artificial Intelligence and Machine Learning technology, DrillBit ensures high accuracy in detecting instances of plagiarism.
  • This technology enhances the precision and reliability of the results generated.
• iThenticate
  • iThenticate is a professional plagiarism detection tool used by researchers, publishers, and corporate entities.
  • It requires a subscription and is known for its extensive database and advanced detection algorithms.
  • iThenticate is often used to check the originality of research papers and manuscripts before publication.

Additional Information Crossref:

• Crossref, a nonprofit organization, serves as a crucial digital infrastructure entity within the global scholarly research community.
• It has 19,000 members from 150 countries representing publishers, libraries, research institutions, and funders and was launched in early 2000 as a cooperative effort among publishers to enable persistent cross-platform citation linking in online academic journals
• Its primary mission revolves around the meticulous and enduring recording and interlinking of knowledge using open metadata and identifiers for various research objects, encompassing grants and articles.
• Crossref connects millions of items across diverse content types such as journals, books, conference proceedings, research grants, working papers, technical reports, and datasets.
• Notably, Crossref operates as the largest digital object identifier (DOI) Registration Agency under the International DOI Foundation.

Key Points

• Copyright is a legal safeguard provided by Indian law to creators of original works, encompassing literary works (including computer programs and databases), dramatic, musical, and artistic works, as well as cinematographic films and sound recordings.
• Rather than protecting ideas themselves, copyright law shields the specific expressions of those ideas.
• Section 13 of the Copyright Act 1957 outlines the categories eligible for protection, including literary, dramatic, musical, and artistic works, cinematograph films, and sound recordings.
• For instance, literary works like books and computer programs fall under the protection of the Act.
• Copyright grants a bundle of exclusive rights, detailed in Section 14 of the Act, which can be exercised solely by the copyright owner or individuals authorized by the owner.
• These rights encompass adaptation, reproduction, publication, translation, communication to the public, and more.
• Protection is extended to all original literary, artistic, musical, dramatic, cinematographic, and sound recording works.
• Original" in this context means that the work is not copied from any other source.
• While copyright protection begins upon the creation of a work, registration is optional but recommended for enhanced protection.
• It's crucial to note that copyright registration serves as prima facie evidence and doesn't confer additional rights.
• It simply establishes an entry in the Copyright Register maintained by the Registrar of Copyrights.

Additional Information

• Indian Copyright Act:
  • The Copyright Act of 1957, as amended, regulates copyright law in India.
  • The Act came into effect on 21 January 1958. The origins of copyright law in India can be traced back to the colonial era under British rule.
  • The Copyright Act of 1957 marked the first legislation on copyright in independent India and has undergone six amendments since its inception.
  • The most recent amendment occurred in 2012 through the Copyright (Amendment) Act 2012.

The Correct answer is (i) and (iii) are correct.

Key PointsSection 52 of the Copyright Act, 1957(India) deals with

• The Fair use of copyrighted works which means it provides Certain acts not to be an infringement of copyright.
• This section states that free uses can be made for any work except computer programs for the purposes:
  • For private and personal use including research
  • For criticism and review,
  • For reporting current events or issues including lectures in public.
  • For broadcasting cinematographic films or posting photographs.
  • For reproduction and reporting of any judicial proceeding.
  • For reproduction, or publication of any kind of work prepared by the secretariat of a legislature.
  • For reproduction of any kind of work in a certified copy made or supplied in accordance with any law.
  • For reading and recitation of any literary or dramatic work in the public domain,
  • For publication of any non-copyright matter bonafide intended for the use of educational institutes.
  • For recording any sound by the owner of the right in the work.
• Copyright is a bundle of rights given by the law to the creators of literary, dramatic, musical, and artistic works and the producers of cinematograph films and sound recordings. 
• The Copyright Act 1957 as amended governs the subject of copyright law in India.
• The Act is applicable from 21 January 1958 and has been amended several times.
• The most recent amendment was in the year 2012.

Additional Information

• India’s copyright law was laid down in the Indian Copyright Act, of 1957.
• It came into force on the 21st of January, 1958.
• The Copyright Act of 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957.
• The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012.
• ​Copyright (and related rights) is a right of use given by the law to the creators of literary, dramatic, musical, and artistic works for a specified period of time.
• Copyright is a Legally Secured Right for the creator of an original work to publish and sell the substance and form of a literary,  musical, dramatic, and artistic work.
• Ideas cannot be copyrighted; only the expression of ideas fixed in a tangible medium can get copyright protection.
•  In India, copyrights are protected for a period of 60 years.

The correct answer is "Providing access to published works for visually impaired persons".

Key Points

• Marrakesh Treaty 2013-
  • The Marrakesh Treaty was adopted on June 27, 2013, and entered into force on September 30, 2016.
  • It was administered by "World Intellectual Property Organization (WIPO)" providing access to published works for visually impaired persons.
  • The treaty allows for copyright exceptions to facilitate the creation of accessible versions of books and other copyrighted works for visually impaired persons.
  • India was the first country to ratify the treaty on June 24, 2014.
  • It sets a norm for countries ratifying the treaty to have a domestic copyright exception and allow for the import and export of such materials.

• The objective of the Marrakesh VIP Treaty - 
  • The primary goal of the Marrakesh Treaty is to create a set of mandatory limitations and exceptions for the benefit of the blind, visually impaired, and otherwise print-disabled (VIPs).
  • It Permits “Authorized entities” and “Beneficiaries” themselves to make accessible copies without the owner's permission or license.
  • It makes provision to permit cross-border sharing of these accessible format works.

The correct answer is "Both (A) and (R) are correct and (R) is the correct explanation of (A)".

Key Points

• IPR allows the creators or owners of IP to benefit from their work or from their investment in a creation by giving them control over how their property is used.
• Intellectual Property Rights (IPR)-
  • It includes patents, copyright, industrial design rights, trademarks, plant variety right, and geographical indications.
• Objectives of IPR-
  • It helps in protecting the ownership and originality of the individuals’ creations.
  • It provides recognition to the concerned person or authority.
  • It allows owners of intellectual property to have financial benefits from the property they have created.
  • It can also offer some economic aid to the holder of the right, through the monopoly of their creations.
  • Creators are provided financial incentives for the creation of and also incur the cost of investment in intellectual property.

The Correct answer is A and C only.

Key Points

• Penalties for Faculty, Staff, or Researcher:
  • ​Level 1 (10%-40%)– he/she will be asked to withdraw the manuscript submitted for publication and will not be allowed to publish any work for a minimum time period of 1 year.
  • Level 2 (40%-60%)– he/she will be asked to withdraw the manuscript submitted for publication and will not be allowed to publish their work for a minimum time period of 2 years. He/she will also be denied any annual increment that they have been receiving, he/she will also not be allowed to act as a supervisor for students or scholars for 2 years.
  • Level 3 (above 60%)– he/she will be asked to withdraw the manuscript submitted for publication and will not be allowed to publish any work for a minimum time period of 3 years. He/she will also be denied any annual increment they are receiving for 2 years, he/she will not be allowed to act as a supervisor for students or scholars for a period of 3 years.

Additional Information

• The various penalties for plagiarism have been provided in Section 13 of the guidelines.
• Penalties for Students:
  • ​Level 1 (10%-40%)– the student will not be given any mark or credit and the revised script must be resubmitted within a stipulated time period that does not exceed 6 months.
  • Level 2 (40%-60%)– the student will not be given any mark or credit and the revised script is to be resubmitted between 1 year and 18 months.
  • Level 3 (above 60%)– the student will not be given any mark or credit and their registration for that course will be canceled.
  • If a student repeats such an act of plagiarism then the punishment will be for the next level to the one previously committed. In cases where the highest level of plagiarisation occurs then the punishment remains the same and the registration will be canceled.

The Correct answer is Who approaches directly to CIS or SIC without approaching CPIO or SPIO as the case may be.

Key Points

• As per the RTI Act 2005, a person who approaches directly to CIS or SIC directly without approaching CPIO or SPIO as the case may be can not submit a complaint.
• Section 18(1) of the Right to Information (RTI) Act, 2005, outlines the circumstances in which an individual can make a complaint to the Information Commission. These circumstances include:
  • When an appellant is unable to submit her RTI application since no PIO or APIO is appointed, or they refuse to take the RTI application.
  • When information is denied by the PIO.
  • When information has not been provided within the time limit provided.
  • Where a fee in excess of that specified in the rules is being charged.etc

Additional Information

• RTI Act, 2005:
  • The Right to Information (RTI) was first introduced in the year 2005.
  • The Act received Presidential assent on 15th June 2005.
  • The RTI Act came into force on 12th October 2005.
  • The Right to Information is a tool to find out information that can make their lives better.
  • It mandates timely response to citizen requests for Government information.
  • There are only 2 schedules in the RTI Act 2005.
  • Mazdoor Kisan Shakti Sangathan is the organization that was instrumental in the passage of the RTI Act.
  • The first RTI application in India was submitted by Shahid Raza Burney.
  • Sweden is the first country to pass the Right to Information Act.

The correct answer is "1886".

Key Points

• Berne Convention-
  • The Berne Convention also known as the Berne Convention for the Protection of Literary and Artistic Works was an international assembly held in 1886 in the Swiss city of Bern by ten European countries.
  • The goal was to agree on a set of legal principles for the protection of original work. 
  • The Convention provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms.

The correct answer is Copyright.

Key Points

• The Berne Convention of 1886 is related to Copyright Protection or Literary Protection.
• It is a set of principles for the protection of Original Work.​​
• The treaty provides authors, musicians, poets, painters and other creators with means to control how their works are used.

• ​Copyright
  • It protects only the specific expression of an idea, not the Idea itself.
  • In India, the copyrighted work of the Author remained protected for 60 years after the Death of the Owner/Author.

• Standards​
  • A rule or principle that is used as a basis for judgement.
  • ISO 3901:2019 is related to ISBN
  • ISO 11219:2012 is related to Library Buildings.

• Patents
  • The Exclusive Right granted for an Invention to its Inventor. 
  • The Owner has the legal right to exclude others from making, using or selling his Invention.

The Correct answer is Trademark.

Key Points

• Trademark:
  • ​Any word, phrase, symbol, design, or combination of these that distinguishes your products or services might be considered a trademark.
  • The symbol of 'Maharaja of Air India' is a Trademark.
  • Other examples include products of Reebok/LG/Whirlpool/Godrej through their logo, which is embossed on their products.

Additional Information

• Copyright:
  • ​It refers to the legal right of the owner of intellectual property.
  • In simpler terms, copyright is the right to copy i.e. the original creators of products and anyone they give authorization to are the only ones with the exclusive right to reproduce the work.
  • Copyright law gives creators of original material the exclusive right to further use and duplicate that material for a given amount of time, at which point the copyrighted item becomes public domain.
• Standard:
  • It refers to a widely accepted or established norm or guideline within the context of protecting and regulating intellectual property assets.
• Patent:
  • A patent is an exclusive right granted for the protection of an invention. The patent provides its owner the exclusive right over the exploitation of the invention for a limited period of time in return for disclosing the invention to the public.

The correct answer is A, B, and D only.

Key Points

• The Lens, formerly known as Patent Lens, is an online resource for searching patents and scholarly literature.
• It is provided by Cambia, a non-profit organization based in Australia.
• Patent Lens is an open-access database, which means that it provides free access to its content for users without any restrictions or subscription fees.  
• Patent Lens offers a comprehensive collection of full-text patent documents. Users can access complete patent texts, including descriptions, claims, drawings, and other relevant information, without the need for payment. 
• Patent Lens provides access to a wide range of patent documents, including those from reputable patent offices like WIPO (World Intellectual Property Organization), USPTO (United States Patent and Trademark Office), and EPO (European Patent Office).
• Launched in the year 2000 under the name Patent Lens, this resource has undergone significant expansion and transformation throughout the years.
• In 2013, Cambia introduced its new website, The Lens, officially retiring the previous platform known as the Patent Lens. 

The Correct answer is DAIP (Departmental Academic Integrity Panel).

Key Points

• Detection/Reporting/Handling of Plagiarism:
  • ​If any member of the academic community has credible evidence of plagiarism in any document, they are required to report it to the Departmental Academic Integrity Panel (DAIP).
  • Upon receiving such a complaint or allegation, the DAIP will conduct an investigation and provide recommendations to the Institutional Academic Integrity Panel (IAIP) of the higher education institution (HEI).
  • Furthermore, the authorities of the HEI have the authority to take proactive action upon detecting plagiarism.
  • Additionally, if an examiner identifies plagiarism, the HEI can initiate proceedings under these regulations based on their findings. All such cases will be thoroughly investigated by the IAIP.

Additional Information

• The 2018 UGC regulations, officially known as the "University Grants Commission (Promotion of Academic Integrity and Prevention of Plagiarism in Higher Educational Institutions) Regulations, 2018," place a strong emphasis on fostering awareness and integrity in academic research and writing.
• These regulations have several key objectives:
  • Raise awareness about responsible behavior in academic research and writing, emphasizing academic integrity.
  • Prevent plagiarism in academic writing.
  • Implement educational and training systems to support responsible conduct.
  • Establish mechanisms for detecting plagiarism and enforcing preventive measures, including penalties for individuals who violate responsible conduct standards.
• Plagiarism will be categorized into the following levels in increasing order of seriousness for the purpose of defining it:
  • Level 0: Minor similarities, up to 10% - No penalty
  • Level 1: Similarities exceeding 10% but not exceeding 40%
  • Level 2: Similarities exceeding 40% but not exceeding 60%
  • Level 3: Similarities exceeding 60%

The correct answer is 60 years from the year in which the author of the literary work dies:

Key Points

• ​Indian copyright Act:
  • ​The Indian Copyright Act, of 1957 came into effect in January 1958. It has been amended in 1983, 1984, 1992, 1994, and 1999.to meet national and international requirements.
  • In India, copyrights are protected for a period of 60 years from the beginning of the calendar year next following the year in which the author dies
  • Section 40 of the Indian Copyright Act, 1957, in conjunction with the International Copyright Order 1999, accords foreign authors/owners the same protection in India to which the Indian citizens are entitled.​

Additional Information

• Copyright:
  • Copyright (and related rights) is a right of use given by the law to the creators of literary, dramatic, musical, and artistic works for a specified period of time. It grants the creator of an original work the exclusive rights to its use and distribution. It also specifies who may use or copy such works and how and when it can be done.
• International Copyright Treaties:
  • ​The Berne Copyright Convention is for the Protection of Literary and Artistic Works of 1886.
  • The Universal Copyright Convention: The UCC was developed by UNESCO and adopted in Geneva in 1952 as an alternative to the Berne Convention for those states which disagreed with certain aspects of the Berne Convention. India is a member of the UCC.
  • The Rome Convention: Developments in technology necessitated another treaty as Berne Convention does not protect media but only printed works. This convention was accepted by members of the WIPO in 1961
  • WIPO Copyright Treaty (WCT) was concluded in 1996.
  • WIPO Performance and Phonograms Treaty (WPPT)