| [ | |
| { | |
| "language": "en", | |
| "problem": " Plagiarism is: (Choose all that apply)", | |
| "answer": "ADE", | |
| "candidates": { | |
| "A": "Rearranging a few words from another source and using it as your own idea.", | |
| "B": "Copying and pasting a small quote and giving its author credit with a footnote.", | |
| "C": "Using your teacher’s lecture ideas in your research paper with proper attribution.", | |
| "D": "Copying a paragraph from an encyclopedia without citing the source.", | |
| "E": "Having another student write a paper which you present as your own original work." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": " Which of the following does NOT require original author credit? (Choose all that apply)", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Common knowledge, e.g. George Washington was the first president of the U.S.", | |
| "B": "Quoting from your favorite movie in your research paper with no credit referenced.", | |
| "C": "Facts from a U.S. Government website to make a graph for your class presentation.", | |
| "D": "Presenting facts from a neighborhood newspaper article about a local school event.", | |
| "E": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": " Paraphrasing is a legitimate way (with author credit) to borrow from a source when:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "It is your own wording of specific information and ideas expressed by another author.", | |
| "B": "It is a very detailed restatement of another author centered on only a single main idea.", | |
| "C": "It summarizes an entire book chapter or journal article without any particular main idea.", | |
| "D": "All of the choices above are utilized.", | |
| "E": "Only choices A. and B. are utilized." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": " All of the following are ways to avoid plagiarism, except for:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Rearranging a few words from another source and using it as your own idea.", | |
| "B": "Documenting the sources you use in your research paper.", | |
| "C": "Keeping good notes on where you found specific ideas for your paper.", | |
| "D": "Using quotation marks around exact quotes used in your research.", | |
| "E": "Providing a list of sources used at the end of your research paper." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": " Copyright is literally the author’s right to control their copy .", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "TRUE" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": " Anything you create is copyrighted the moment it is written, recorded, or copied.", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "TRUE" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": " Fair Use is a legal way to copy another author’s copyrighted material without permission.", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "TRUE" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": " Choose all that may qualify as Fair Use for students classroom and personal use:", | |
| "answer": "ACDE", | |
| "candidates": { | |
| "A": "Copy limited portions of materials to support research and learning.", | |
| "B": "Copy an entire DVD of the latest blockbuster movie to share with your friends at lunch.", | |
| "C": "Copy one factual journal article for your notes to help prepare your research paper.", | |
| "D": "Copy a small portion of a subject related song to use in your audio/visual history presentation.", | |
| "E": "Copy all the drawings of Snow White, elves, and goblins found in a Grimm’s Fairy Tales book from 1917." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": " All music and images on the web are available for unlimited copying without author permission.", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "TRUE" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": " A mash-up is: (Choose all that apply)", | |
| "answer": "BDE", | |
| "candidates": { | |
| "A": "An amusing popular dance from the 1960s.", | |
| "B": "A transformative re-use of others’ copyrighted works in a way which adds value and makes a new use.", | |
| "C": "The latest potato recipe from a new Betty Crocker® cookbook.", | |
| "D": "Posting an advertised image of your favorite new car with commentary on your Social Networking webpage.", | |
| "E": "Mixing your original keyboard music recording with audio clips of other artists to create a new song." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": " Which of the following is NOT an intellectual property:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Smart property", | |
| "B": "Patent", | |
| "C": "Copyright", | |
| "D": "Trademark", | |
| "E": "Trade Secret" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": " Which are possible consequences of classroom plagiarism or copyright infringement?", | |
| "answer": "E", | |
| "candidates": { | |
| "A": "Suspension from school or college.", | |
| "B": "Receiving a failing grade on an assignment or for the entire course.", | |
| "C": "Receiving a cease and desist legal notice from a publisher or music recording company.", | |
| "D": "Receiving a legal fine or expensive bill for unauthorized use of copyrighted materials.", | |
| "E": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "WHY IS IT SO IMPORTANT TO PROTECT INNOVATION AND NEW PRODUCTS THROUGH INTELLECTUAL PROPERTY RIGHTS?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": " Because it is advantageous from a commercial point of view, transmitting security to the market, and allowing for a more economical publicity.", | |
| "B": " Because it is the only way to apply for community funding.", | |
| "C": " Because it confers the exclusivity in the commercialization and is the only way to prevent third parties from copying your creative initiatives." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "INDUSTRIAL PROPERTY RIGHTS INCLUDE:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": " Inventions, utility models, designs, distinctive trade signs, such as trademarks and logotypes.", | |
| "B": " Intellectual Property rights, such as copyright.", | |
| "C": " All mechanisms that prevent unfair competition." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "AN INNOVATIVE DEVICE HAS BEEN INVENTED. IT MAY ONLY BE PROTECTED BY PATENT IF:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": " It is new, it involves an inventive step and are susceptible of industrial application.", | |
| "B": " It is new and has a certificate attesting the invention.", | |
| "C": " It is new, has a report on the Prior Art and are susceptible of industrial application." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "WHEN A PATENT IS GRANTED CAN A MONOPOLY POLICY BE ESTABLISHED IN THE MARKET?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": " Never, because the patent publication exposes the invention to any company.", | |
| "B": " It can for an undetermined period of time, provided that all annuities are paid.", | |
| "C": " It can, for the duration of 20 years, if industrial and commercial capacity exist, and provided that all annuities are paid." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A TRADEMARK WAS FILED IN THE PORTUGUESE PTO BUT AFTER A FEW WEEKS, A THIRD PARTY HAS OPPOSED THE APPLICATION. WHAT SHOULD YOU DO?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": " Nothing, the filed application will automatically be refused.", | |
| "B": " You should file a reply to the opposition.", | |
| "C": " You should file for the withdrawal of the application in order to not infringe third parties rights." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "WHY ARE TRADEMARKS CATEGORIZED IN DIFFERENT CLASSES?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": " To improve administrative organization.", | |
| "B": " To prevent companies that operate in a certain market to register trademarks that are not adapted to their activity.", | |
| "C": " To group trademarks in commercial categories in order to limit its protection to the chosen scope of protection." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "WHAT IS THE DURATION IN MARKET OF A REGISTERED TRADEMARK?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": " Forever, provided it is renewed every 10 years.", | |
| "B": " It has the duration of 20 years, renewable at 10 years from its date of registration.", | |
| "C": " It can exist during the period in which its product or service is commercialized, extended by 10 years." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A KITCHEN APPLIANCE WAS CREATED, BUT IT IS NOT POSSIBLE TO FILE FOR ITS PATENTE. HOW CAN I PROTECT THE EXCLUSIVITY OF THIS PRODUCT?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": " If I cannot patent it, I should not try to obtain its exclusive use.", | |
| "B": " I should begin production and commercialization without protection.", | |
| "C": " I can protect the product through design." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "PATENT AND TRADEMARKS CAN BE EVALUATED AS AN ASSET?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": " No, they are intangible assets.", | |
| "B": " Yes, they are subject to evaluation and commercialization, and can also be included in the financial sheets as any other asset belonging to the same owner.", | |
| "C": " Yes, and they also be commercialized, but do not have a value by itself." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "HOW CAN I PROTECT INDUSTRIAL PROPERTY RIGHTS WHEN EXPORTING?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": " When exporting, the industrial property rights have to be protected in the target jurisdictions.", | |
| "B": " If the company is Portuguese, the rights only have to be registered in Portugal in order for its protection to extend worldwide.", | |
| "C": " If you only export to the European Union, community directives define that the registrations in Portugal extend throughout all the European Union territory." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What does WIPO stand for?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "World Intellectual Property Organization ", | |
| "B": "World Intellectual Programme Organization", | |
| "C": "Worldwide Intellectual Programme Organization ", | |
| "D": "World Intelligence Property Organization" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Intellectual property created by artists is protected by?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Trademark ", | |
| "B": "Copyright ", | |
| "C": "Patent ", | |
| "D": "Logo" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Registered designs protect the intellectual property created by", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Muscians ", | |
| "B": "Actor ", | |
| "C": "Singers", | |
| "D": "Designers" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The Intellectual property created by inventors is protected by?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Logos ", | |
| "B": "Patents ", | |
| "C": "Copyrights ", | |
| "D": "Trademarks" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Trademark consist of", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Designs only ", | |
| "B": "Logos, names and brands ", | |
| "C": "Logos only ", | |
| "D": "Names only" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How long does a patent usually last for?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "10 years ", | |
| "B": "20 years ", | |
| "C": "5 years ", | |
| "D": "15 years" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A copyright usually lasts for?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "20 years ", | |
| "B": "50 years ", | |
| "C": "30 years ", | |
| "D": "10 years" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "When did the WTO came into existence?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "1995", | |
| "B": "1994", | |
| "C": "1999", | |
| "D": "2004" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What type of idea and information does Intellectual Property Rights protects?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Ethics", | |
| "B": "Commercial ", | |
| "C": "Morality ", | |
| "D": "Intelligence" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "When did the IPR act came into existence in UK", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "2011", | |
| "B": "2014", | |
| "C": "2019", | |
| "D": "2016" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What protects the intellectual property created by artists?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "copyright", | |
| "B": "geographical indications", | |
| "C": "patents", | |
| "D": "registered designs", | |
| "E": "trademarks" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What protects the intellectual property created by designers?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "copyright", | |
| "B": "geographical indications", | |
| "C": "patents", | |
| "D": "registered designs", | |
| "E": "trademarks" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What protects the intellectual property created by inventors?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "copyright", | |
| "B": "geographical indications", | |
| "C": "patents", | |
| "D": "registered designs", | |
| "E": "trademarks" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of these is a geographical indication?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "BMW", | |
| "B": "Champagne", | |
| "C": "Hogwarts", | |
| "D": "Playstation", | |
| "E": "World Wide Web" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What does a trademark protect?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "an invention", | |
| "B": "a work of art", | |
| "C": "logos, names and brands", | |
| "D": "the look, shape and feel of a product", | |
| "E": "a secret formula" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In most countries, how long does copyright last for?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "10 years after the creation of the work", | |
| "B": "50 years after the creation of the work", | |
| "C": "10 years after the death of the person who created that work", | |
| "D": "50 years after the death of the person who created that work" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How long do patents usually last for?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "10 years", | |
| "B": "20 years", | |
| "C": "40 years", | |
| "D": "60 years" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "If you write an original story, what type of intellectual property gives you the right to decide who can make and sell copies of your work?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "copyright", | |
| "B": "geographical indications", | |
| "C": "patents", | |
| "D": "registered designs", | |
| "E": "trademarks" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Imagine a footballer sets up his own company to sell his own range of clothes. What type of intellectual property can he use to show that the clothes are made by his company?", | |
| "answer": "E", | |
| "candidates": { | |
| "A": "copyright", | |
| "B": "geographical indications", | |
| "C": "patents", | |
| "D": "registered designs", | |
| "E": "trademarks" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "If a company develops a new technology that improves its main product, what type of intellectual property can they use to stop others from copying their invention?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "copyright", | |
| "B": "geographical indications", | |
| "C": "patents", | |
| "D": "registered designs", | |
| "E": "trademarks" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "When applying for a patent which of the following is not one of the three requirements of novelty?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "The invention must be new.", | |
| "B": "The invention must represent a clear departure from existing knowledge.", | |
| "C": "The invention must have capability for industrial application.", | |
| "D": "The invention must have an application not currently fulfilled by an existing invention." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is an acceptable reason for refusal to register a trademark?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "The trademark is contrary to accepted standards of morality.", | |
| "B": "The trademark contains an object or animal that is present in another registered trademark.", | |
| "C": "The trademark contains a word that is in common usage.", | |
| "D": "The trademark contains the colours of a sovereign country’s flag." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is not a valid reason for revoking a registered intellectual property right?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "The invention is not a patentable invention.", | |
| "B": "The patent was granted to person who was not entitled to it.", | |
| "C": "The patent applicant already has a similar patent in their name.", | |
| "D": "The patent does not disclose the invention clearly enough for it to be performed by a person skilled in the art." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is not a basis from which to challenge an intellectual property right?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "The intellectual property right was registered by someone who has since changed their name.", | |
| "B": "The intellectual property right relates to a written work registered by an author dead 70 years.", | |
| "C": "The renewal fee on the intellectual property right was not paid after the initial ten-year period had expired.", | |
| "D": "The intellectual property was never valid because the essential requirements for registration weren’t met." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which convention states that nationals of all union countries enjoy in said countries the advantages that their respective laws grant to nationals?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Berne convention", | |
| "B": "Paris convention", | |
| "C": "Munich convention", | |
| "D": "Brussels convention" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In which of the following cases was the meaning of ‘registration or validity’ elucidated by the Court of Justice?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Handel v Lieber", | |
| "B": "McIntyre v Dunlop", | |
| "C": "Duijnstee v Goderbauer", | |
| "D": "Al Hayek v Hamed" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the inevitable problem with a European patent being defined as a group of national patents?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "It is illegal to take out a patent in more than one country.", | |
| "B": "Intellectual property law doesn’t apply in some European countries.", | |
| "C": "Legal action contesting the patent would have to be undertaken in each country.", | |
| "D": "Belgian patent law is notoriously complicated." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In which case did Hoffmann hold that a petition for revocation of a patent must be served on the respondent in the same way as in a personal action?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Monsanto v Johnson & Co", | |
| "B": "Napp Laboratories v Pfizer Inc", | |
| "C": "JP Morgan v Goldman Sachs", | |
| "D": "Ipcress v OPSCOM" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is not a problem the internet presents to intellectual property law with regard to the location of the user?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "A user may have an electronic address that is designated in one country despite their physical presence in another.", | |
| "B": "An Internet Service Provider may request an address from a user but there is nothing to stop the user lying about this information.", | |
| "C": "The user may be located in international waters or airspace.", | |
| "D": "The user may actually be an algorithm that effectively mimics the decision making abilities of a real person." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is a difficulty faced when applying substantive intellectual property law concepts in cases of infringement over the internet?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Copyright uses the concept of communication which becomes problematic when information is made available via the internet and then requested by another party.", | |
| "B": "Interactions that occur in cyberspace cannot be said to truly exist.", | |
| "C": "It is impossible to prove intellectual property has been shared over the internet as no records of such transactions can be recalled.", | |
| "D": "There are such a high number of transactions taking place that it is impossible to try and police them." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which case ruled that a website displaying a trademark didn't need to register outside the country of origin despite worldwide access to the website?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "McKinney & Bennet v Wholesale Logos", | |
| "B": "Euromarket Designs v Peters and Crate & Barrel", | |
| "C": "The Logo Warehouse v Stanley Hopkins", | |
| "D": "Tippett & Stoker v Nimbus" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is an approach commonly used in cases of infringement over the internet?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "The Callahan Approach", | |
| "B": "The Shevill Approach", | |
| "C": "The Crane Approach", | |
| "D": "The Bryers Approach" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A patent gives the owner the right to:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "make her invention", | |
| "B": "commercialize her invention", | |
| "C": "publish the results of tests using the invention", | |
| "D": "keep others from making her invention", | |
| "E": "collect a monetary award from the government", | |
| "F": "1 and 2", | |
| "G": "all of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A policy (or policies) behind the patent system is:", | |
| "answer": "F", | |
| "candidates": { | |
| "A": "to encourage an inventor to disclose an invention by granting exclusive rights over the invention to the inventor.", | |
| "B": "to benefit the public by limiting the scope and term of the exclusive rights granted to an inventor.", | |
| "C": "to benefit the public through encouraging innovation by publishing a full disclosure of the technical details of the invention.", | |
| "D": "to benefit the public through guaranteeing that the inventor can commercialize his/her invention", | |
| "E": "1 and 2", | |
| "F": "1, 2 and 3", | |
| "G": "2, 3 and 4" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The minimum requirements for obtaining a patent are that the invention must be:", | |
| "answer": "E", | |
| "candidates": { | |
| "A": "novel", | |
| "B": "non-obvious or include an inventive step", | |
| "C": "useful or capable of industrial application", | |
| "D": "1 and 2", | |
| "E": "1 and 2 and 3" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "An inventor was awarded a patent in the U.K. on a method for selecting transformed plants and has practiced the mentioned method only in the U.K. Six months later, another person who independently invented the same method in Australia wants to obtain a patent in Australia. She:", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "could do it without major problems", | |
| "B": "would not be able to do it because the granted patent was published in the U.K.", | |
| "C": "would not be able to do it because the method is used in the U.K.", | |
| "D": "2 and 3", | |
| "E": "none of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The method mentioned above was not patented or published anywhere but has been used in the U.K. and only in the U.K. since 1997. Another person who independently invented the same method in Australia in 2001 wants to obtain a patent in Australia. She:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "could do it without major problems", | |
| "B": "would not be able to do it because the invented method has been used in the U.K.", | |
| "C": "could do it only if the method has not been described in a written publication anywhere in the world", | |
| "D": "1 and 3", | |
| "E": "none of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A patent application is filed on 1 January 1999. The application is published 18 months later on 1 July 2000 and granted on 30 May 2001. The patent is valid until:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "30 May 2021; 20 years from the grant date of the patent", | |
| "B": "1 July 2020; 20 years from the publication date of the application", | |
| "C": "1 January 2019; 20 years from the filing date of the application", | |
| "D": "some other date" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A patent awarded by the patent office in Japan is valid in:", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Indonesia and its territories", | |
| "B": "Japan and its territories", | |
| "C": "All ASEAN countries", | |
| "D": "All countries that adhere to TRIPS" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Assuming an applicant has indicated a desire to have a patent valid in all European countries and elects to have the application examined by the European Patent Office, a regional patent office, the patent that is ultimately granted is valid:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "automatically in all countries that are members of the European Patent Office", | |
| "B": "automatically in all European countries, regardless of whether they are member", | |
| "C": "upon registration in each country that supports the European Patent Office" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "An international patent:", | |
| "answer": "F", | |
| "candidates": { | |
| "A": "is the result of an international application filed under the international Patent Cooperation Treaty (PCT)", | |
| "B": "is valid in all member countries of the PCT", | |
| "C": "is valid only in the PCT countries designated by the applicant upon filing the application", | |
| "D": "1 and 2", | |
| "E": "1 and 3", | |
| "F": "there is no such thing as an international patent" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "You have a granted patent in the United States and in Australia on using GUSPlus, a very sensitive detection system for identifying transformed plants. A couple of colleagues of yours are working at an Australian non-profit research institute and another is working at Cornell University in the United States, and they want to use the GUSPlus system for research purposes to identify transgenic plants. They can:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "use it freely without the need to tell you", | |
| "B": "use it, but they should tell you first", | |
| "C": "use it only if they get a license or some other form of permission from you", | |
| "D": "cannot use it at all" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "You are a farmer growing Bt-transgenic soybeans in Argentina and Humongous Company, a very large multi-national agricultural company, has a valid patent in the United States, but not in Argentina, that claims Bt-transgenic soybeans. You will be:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "infringing Humongous' patent rights by growing Bt-transgenic soybeans in Argentina", | |
| "B": "infringing Humongous' patent rights by growing Bt-transgenic soybeans and saving seeds for next sowing season in Argentina", | |
| "C": "infringing Humongous' patent rights by exporting Bt-transgenic soybeans to the U.S.", | |
| "D": "none of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A published patent specification:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "is always a granted patent and is enforceable", | |
| "B": "is always an application for a patent and is not enforceable", | |
| "C": "is always an application for a patent and is enforceable", | |
| "D": "could be either a granted patent or a patent application" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A PCT publication is:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "always a granted patent", | |
| "B": "sometimes a granted patent", | |
| "C": "always a patent application" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "If you want to know what is actually covered by a granted patent, you will look at:", | |
| "answer": "F", | |
| "candidates": { | |
| "A": "the title", | |
| "B": "the title and the abstract", | |
| "C": "the abstract", | |
| "D": "the detailed description of the invention and the drawings", | |
| "E": "the detailed description of the invention and the claims", | |
| "F": "the claims" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A published application in Brazil describes the cloning of glycosyltransferases, enzymes that transfer sugar moieties, from five different bacteria including Staphylococcus, Pneumococcus, Arthrobacter, Clavibacter, and Thermobacter, and teaches how to obtain genes encoding the same enzymes from other bacterial genera. The only claim recites: \"An isolated DNA sequence encoding a glycosyltransferase isolated from Staphylococcus\". You need a license before you can use DNA encoding the following in Brazil:", | |
| "answer": "E", | |
| "candidates": { | |
| "A": "a glycosyltransferase from Staphylococcus", | |
| "B": "a glycosyltransferase from Haemophilus", | |
| "C": "a glycosyltransferase from Pneumococcus", | |
| "D": "1 and 3", | |
| "E": "none of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The publication mentioned above is a Brazilian granted patent. You need a license before you can use DNA encoding the following in Brazil:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "a glycosyltransferase from Staphylococcus", | |
| "B": "a glycosyltransferase from Haemophilus", | |
| "C": "a glycosyltransferase from Pneumococcus", | |
| "D": "1 and 3", | |
| "E": "none of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Two independent inventors come up with the same patentable invention and each of them decides to file a patent application in Canada, Germany and the United States. Who would get the patents?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "in each country, the first one to file the patent application", | |
| "B": "in Canada, the first to file the patent application, and in Germany and the United States, the first to invent the invention", | |
| "C": "in Germany, the first to file the patent application, and in Canada and the United States, the first to invent the invention", | |
| "D": "in Canada and Germany, the first to file the patent application, and in the United States, the first to invent the invention", | |
| "E": "in each country, the first to invent" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": " If you infringe a patent:", | |
| "answer": "F", | |
| "candidates": { | |
| "A": "you go to jail if caught", | |
| "B": "you pay a large fine to the government", | |
| "C": "the owner of the patent will sue you in a court", | |
| "D": "nothing may happen", | |
| "E": "2 and 3 are both possible", | |
| "F": "3 and 4 are both possible" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "You and a couple of colleagues are the inventors of a new drug that successfully tackles stomach cancer and has few unwanted side effects. Your colleagues decide to publish the methodology used to develop the drug in a prestigious scientific journal. The article is published in January 2001 and the research results are presented in two international conferences in March 2001 with great success. In the meantime, your team realizes that it would be worthwhile obtaining a patent for the new drug. A patent specification is diligently prepared and filed in the United States and with the European Patent Office in April 2001. Which of the following scenarios is the most likely:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "because the invented drug fulfills the criteria for patentability, your team is awarded the patent in both jurisdictions.", | |
| "B": "because the invention was published\tbefore\tthe filing of the patent application, your team is denied a patent in both jurisdictions.", | |
| "C": "because the invention was published\twithin one year\tof the filing of the patent application, your team is allowed a patent in both jurisdictions.", | |
| "D": "because the invention was published\twithin one year\tof the filing of the patent application, your team is denied a patent in Europe, but granted in the United States" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A patent on a method to heal wounds using turmeric has been granted in both Europe and in the U.S. in January 2001. You, as a person not involved at all in the alleged invention, have written evidence proving that the method was well-known not only in the mentioned places, but also in other parts of the world. You find out about the patent in August 2001. In the present circumstances you could:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "file an opposition against the granted patent before the patent offices in both the United States and in Europe alleging lack of novelty", | |
| "B": "file an opposition against the granted patent before the United States patent office alleging lack of novelty", | |
| "C": "file an opposition against the granted patent before the European patent office alleging lack of novelty" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The following is a good reason to search for patents and patent applications with the CAMBIA Patent Lens search:", | |
| "answer": "F", | |
| "candidates": { | |
| "A": "for scientific information", | |
| "B": "for information on freedom to operate", | |
| "C": "to see if your idea is patentable (novel and non-obvious)", | |
| "D": "to see what your competitor is up to", | |
| "E": "2, 3, and 4", | |
| "F": "all of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Can a lecture delivered by academician be reported in a newspaper?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Yes", | |
| "B": "No", | |
| "C": "Yes with permission" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Can lecture delivered in the classroom be copyrighted ?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Yes", | |
| "B": "Occasionally with conditions", | |
| "C": "No" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Can judgement or order of court be copyrighted ?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Yes", | |
| "B": "No", | |
| "C": "Occasionally" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Whose grant require before altering anything in the original from of a book ?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Writer", | |
| "B": "Owner" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Who is the true and first inventor ?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "who convert the ideas in to working invention", | |
| "B": "who publish their ideas first in the journals", | |
| "C": "who communicates idea to other at first", | |
| "D": "who communicates and ideas to registrar of the patent" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is not patent-able?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "which involves inventive steps", | |
| "B": "Product which is used for medical treatment of human beings & animals", | |
| "C": "Process of medical treatment of human beings & animals", | |
| "D": "None of these" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Who can sue for infringement of trademark?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Unregistered trademark owner", | |
| "B": "State Govt. on behalf of owner", | |
| "C": "Registered trademark owner only", | |
| "D": "Central Govt. on behalf of owner" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Patent for the __ is prohibited.", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Traditional knowledge", | |
| "B": "Arms", | |
| "C": "Atomic energy", | |
| "D": "Junk food" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A design can be also registered under __", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Trademark Act", | |
| "B": "Patent Act", | |
| "C": "Geographical Indication Act", | |
| "D": "Copyright Act" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "An unregistered trademark is called __", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Trade Symbol", | |
| "B": "Symbol", | |
| "C": "Common Law Mark", | |
| "D": "Registered Trade Mark" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Why patent is granted ?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "To encourage inventors", | |
| "B": "To encourage labour", | |
| "C": "To develop country", | |
| "D": "To encourage investors" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Assignment of patent means transfer of __ in the patent by the patent holder in favour of another.", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Title", | |
| "B": "Ideas", | |
| "C": "Interest", | |
| "D": "Goods" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Who has to apply before registrar to be a registered user of trademark ?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Those who are the proprietor of trademark", | |
| "B": "Proprietor of trademark and the other person who want to be a registered user hast to jointly apply.", | |
| "C": "Those who want to be a registered user" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following can be exercised by the government in the case of the non working of the panted?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Surrender compulsory", | |
| "B": "Assignment", | |
| "C": "Govt. file a suit", | |
| "D": "Compulsory licence" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Patent Act is passed by …", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "State Government", | |
| "B": "Central / Federal Government" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Application for patent by employee can be determined by ………….", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Social relationship", | |
| "B": "Personal relationship", | |
| "C": "Contractual relationship", | |
| "D": "Fiduciary relationship" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The mark which is registered in the name of association is called …", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Simple Trademark", | |
| "B": "Associated Trademark", | |
| "C": "Collective Mark", | |
| "D": "Service Mark" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The mark granted by the authority granting the certificate of quality and standard is called ………", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Service Mark", | |
| "B": "Additional Trademark", | |
| "C": "ality Mark", | |
| "D": "Certification Mark" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is the right conferred to the patentee ?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Right to exploit patent", | |
| "B": "Right to expand patent", | |
| "C": "Right not to work out patent", | |
| "D": "Right to oppose compulsory licence" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The assignment and licenses for the copyright can be registered with __", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Registrar of Copyright", | |
| "B": "Controller of Copyright" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The purpose of filing a specification is to make available the invention to __", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Registrar", | |
| "B": "None of these", | |
| "C": "Government", | |
| "D": "Public" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Proprietor of which trademark shall not be entitled to institute any proceeding to prevent or to recover damages for the infringement ?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Registered Trademark", | |
| "B": "Numerals", | |
| "C": "Symbols", | |
| "D": "Unregistered Trademark" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "If owner of copyright work ……….. the copyright board will grant compulsory licence.", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Refused to assign copyright to other person", | |
| "B": "Refused to republish", | |
| "C": "Refused to pay tax to the government" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The registered user can institute proceedings for infringement in his own name against …", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Proprietor of trademark", | |
| "B": "Both third party and proprietor of trademark", | |
| "C": "Third party" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Patent can be granted for ………?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "process", | |
| "B": "ideas", | |
| "C": "both product and process", | |
| "D": "product" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Assignment can be made even in respect of work which …", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Prepared but not published", | |
| "B": "Has not yet came into existence", | |
| "C": "Is published" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The jurisdiction of registrar of trademark for the purpose of application of trademark be decided on __", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Place of residence", | |
| "B": "Principal place of business", | |
| "C": "As per the registrar will", | |
| "D": "As per applicants will" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "While comparing two marks which examination is not permissible?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Physical examination", | |
| "B": "Examination as a whole", | |
| "C": "Microscopic examination", | |
| "D": "Packaging examination" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Intellectual Property rights are an important aspect in international trade. Which of the following is covered under IPR ?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Patents", | |
| "B": "Copyrights", | |
| "C": "All of these", | |
| "D": "Trademarks" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Process for obtaining some product which is different and new from the previous one can be __", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Patented", | |
| "B": "Registered under trademark act", | |
| "C": "Registered under design act", | |
| "D": "Copyrighted" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "International copyright is governed by the __", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Paris Convention", | |
| "B": "TRIPS", | |
| "C": "Berne Convention", | |
| "D": "WTO" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Copyright is granted for ………", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Original trademark", | |
| "B": "Original research product", | |
| "C": "Original musical work", | |
| "D": "Original ideas" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A mark which is devoid of distinctness are ……", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Not register-able", | |
| "B": "Register-able under patent act", | |
| "C": "Register-able under copyright act", | |
| "D": "Register-able" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Copyright registrar and copyright board are __ authority.", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Non Judicial", | |
| "B": "Administrative", | |
| "C": "Judicial", | |
| "D": "asi Judicial" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Registration of the trademark is a …………evidence of the validity of the trademark in all legal proceedings.", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "No", | |
| "B": "Secondary", | |
| "C": "Conclusive", | |
| "D": "Prima facie" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Can an assignee sue an assignor for infringement of copyright?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "No", | |
| "B": "Yes" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Can genuine abridgment of a literary work subject of copyright ?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "No", | |
| "B": "Yes", | |
| "C": "Occasionally" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following must be there for patent-able invention?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Newness", | |
| "B": "Obvious", | |
| "C": "Patented", | |
| "D": "Resemblance" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The employee can not apply for patent if he is specifically employed for __", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Management", | |
| "B": "Clerical work", | |
| "C": "Surveillance of research", | |
| "D": "Research and development" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following cannot be pleaded in infringement of trademark?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Intentional infringement", | |
| "B": "Innocent infringement" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "IPR stands for?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Intellectual Property right", | |
| "B": "International Property right", | |
| "C": "International Property Reserve", | |
| "D": "Intelligent Property Ratio" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The act / law regarding patent, trademark and copyright is known as ….", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Intellectual Property Act", | |
| "B": "Licence Act", | |
| "C": "Trademark Act", | |
| "D": "Contract Act" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Use of patented invention by a person other than a patentee constitutes __", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Infringement of patent rights of patentee", | |
| "B": "Anticipation", | |
| "C": "Advertisement of patent", | |
| "D": "Co-Operation to patentee" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Remix of old songs with different music composition (remix) is …", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Infringement in some cases", | |
| "B": "Not infringement of copyright", | |
| "C": "Infringement of copyright", | |
| "D": "None of these" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Government may order the non-advertisement of any patent application in the case of invention related to __", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Information technology", | |
| "B": "Food", | |
| "C": "Drug", | |
| "D": "Defense technology" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "On a school computer, Jamie learned how to copy programs. A classmate asked her to copy a program for his home use. Her most ethical response would be which of the following?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "I’ll copy it, but you have to promise not to tell anyone.", | |
| "B": "I don’t know how to copy disks.", | |
| "C": "I can’t copy it because it will break copyright laws.", | |
| "D": "I’ll copy it for you, but you can’t copy it for anyone else." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Appeal from the order of registrar of the copyright lies before …", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "High Court", | |
| "B": "Central Govt", | |
| "C": "Copyright Board", | |
| "D": "Supreme Court" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What can be copyrighted in law reports for judgements and orders of the court?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Head notes", | |
| "B": "What reports as a whole" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "IPR Complete specification gives __", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Full description of claim only", | |
| "B": "Full description of royalty", | |
| "C": "Full description of invention", | |
| "D": "Full description of application" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Only the process patents granted in case of ……..", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Food", | |
| "B": "Process of treatment of human beings & animals", | |
| "C": "Both drug and food", | |
| "D": "Drug" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A provisional specification is filed to fix the __", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Expiry date of patent", | |
| "B": "Assignment of patent", | |
| "C": "Term of the patent", | |
| "D": "Priority date of patent" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The main essentials of trademark is __", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Easy to pronounce", | |
| "B": "Invented word", | |
| "C": "Distinctiveness", | |
| "D": "It should be short" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is the absolute ground for refusal of registration of trademark?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Distinctiveness", | |
| "B": "Collective marks", | |
| "C": "Mark is become customary in current language", | |
| "D": "Non obvious mark" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In patent application the novelty of an invention is tested with reference to the existing state of knowledge on __", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Date of priority", | |
| "B": "Date of application", | |
| "C": "Date of expiry of patent", | |
| "D": "Date of filling complete specification" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In the case of infringement of patent the court may award ……….", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Damages or account of profits", | |
| "B": "Account of profits with mental agony", | |
| "C": "Damages and account of profits", | |
| "D": "Damages with mental agony" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The remedy available for the protection of registered trademark is ………..", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Criminal Proceeding", | |
| "B": "Civil Remedy", | |
| "C": "Administrative Remedies", | |
| "D": "All of these" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In the case of infringement of patent rights patentee can institute ……………. in competent court.", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Criminal complaint", | |
| "B": "both civil suit and criminal complain", | |
| "C": "Civil suit" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Copyright is a __", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "creation by person of efforts, intellectual and capital", | |
| "B": "creation by person of the efforts only", | |
| "C": "creation by negligence of a person", | |
| "D": "creation by the mental status of a person" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In the case of copyright the compulsory licence will be granted by __", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Court", | |
| "B": "State Government", | |
| "C": "Copyright Board" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is not the infringement of copyright?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Copy the software to another computer by educational institution", | |
| "B": "Copy the software to another computer by company", | |
| "C": "Copy the software to another computer", | |
| "D": "To make backup copies" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Adaptation in relation to an artistic work means …", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Conversion of the work into a patent", | |
| "B": "Conversion of the work into a trademark", | |
| "C": "Conversion of the work into a design", | |
| "D": "Conversion of the work into a dramatic work by way of performance in public or otherwise" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A complete specification once filed is __", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Contract", | |
| "B": "Not absolute", | |
| "C": "Absolute", | |
| "D": "Indemnity" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Trademarks identifies __", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Consumer and it’s origin", | |
| "B": "Registrar and controller", | |
| "C": "Product and its it’s origin", | |
| "D": "Product and consumer" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The …………….. is granted in the case of substances which are not food items or drugs as such, but are capable of being used as food and drugs.", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Conditional license", | |
| "B": "Licenses of marketing", | |
| "C": "Licenses of rights", | |
| "D": "Compulsory license" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The first obligation of the patent holder is he __", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Can deal with patent as per his will", | |
| "B": "Can use the patent", | |
| "C": "Has to advertise the patent in daily news paper", | |
| "D": "Must work out the patent" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "__ is the first owner of a Book’s copyright.", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Author", | |
| "B": "Publisher", | |
| "C": "Translator", | |
| "D": "Printing press owner" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following can not be copyrighted ?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Artistic work", | |
| "B": "Practical use", | |
| "C": "Film work", | |
| "D": "Musical work" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Complaints regarding trademarks are treated in __", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Arbitration Through", | |
| "B": "Civil Court", | |
| "C": "Criminal Complaint" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Registered user join the registered proprietor of trademark as …………… in the suit against the infringement against third party.", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Appellant", | |
| "B": "Caviater", | |
| "C": "Plaintiff", | |
| "D": "Defendant" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Registration of trademark is made for __", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "3 years", | |
| "B": "Life time", | |
| "C": "5 years", | |
| "D": "10 Years" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Copyright Act firstly introduced in which year and in which country ?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "1852 – America", | |
| "B": "1705 – India", | |
| "C": "1857 – Germany", | |
| "D": "1709 – England" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the meaning of “novelty” in relation to a product or a process?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Not used", | |
| "B": "Not anticipated", | |
| "C": "Not published", | |
| "D": "All of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The first legislation in India relating to patents was enacted in", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "1856", | |
| "B": "1911", | |
| "C": "1970", | |
| "D": "2005" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The owner of a patent can grant licenses:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "To registered companies only", | |
| "B": "To individuals only", | |
| "C": "To anyone", | |
| "D": "To anyone, but only after taking permission from the Controller General of Patents, Designs and Trade Marks" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Recent research has shown that acetylsalicylic acid, along with the already known benefits, also has beneficial effects against cancer. If an application for a patent is filed in India for the use of acetylsalicylic acid for treatment of cancer, for", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "10 years", | |
| "B": "20 years", | |
| "C": "A term equal to that for the patent of the main invention (use of acetylsalicylic acid for treatment of fever and pain), or so much thereof as has not expired", | |
| "D": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A patent application was filed in February 2000. The patent was granted in September 2001. In 2012, the inventor wants to file for some improvements in the invention. The patent on improvement would be valid until:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "2032", | |
| "B": "2021", | |
| "C": "2020", | |
| "D": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "When can an opposition to the grant of a patent be filed in India?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Any time after publication of the application but before the grant of the patent", | |
| "B": "Any time after the grant of the patent", | |
| "C": "Within one year after publication of the grant of the patent", | |
| "D": "All of the above", | |
| "E": "Only 1 and 3" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A person resident in India wants to obtain a patent only in the US, UK, Germany and France. What will be your advice?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "File a PCT application", | |
| "B": "Take permission from the Controller before filing an application in the US, UK, Germany and France", | |
| "C": "Directly go to these countries and file patent applications", | |
| "D": "A patent application for the same invention should be made in India at least 6 weeks prior to filing abroad", | |
| "E": "Both 2 and 4" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "After years of research, a scientist grows an entirely new variety of plant which did not exist earlier. The flowers of the new plant have great medicinal value. Can this new variety of plant be patented in India?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "yes", | |
| "B": "no" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In the previous example of a new variety of plant having flowers with medicinal value, protection can be availed for the new plant under:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "The Indian Patents Act, 1970", | |
| "B": "Geographical Indications of Goods (Registration and Protection) Act, 1999", | |
| "C": "The Protection of Plant Varieties and Farmers’ Rights Act, 2001", | |
| "D": "The Indian Wildlife (Protection) Act, 1972", | |
| "E": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A scientist gets an idea on how to make biodegradable plastics. How can this idea be patented by the scientist?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "By first publishing the process in scientific journals and then filing a patent application within one year", | |
| "B": "By first demonstrating the process in industrial exhibitions and then filing a patent application within one year", | |
| "C": "By first filing a provisional specification and then a complete specification within one year", | |
| "D": "Both 1 and 3", | |
| "E": "All of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The internationally accepted term for a patent is:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "10 years", | |
| "B": "17 years", | |
| "C": "20 years", | |
| "D": "50 years" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "For registration of a Trade Mark, it must be:", | |
| "answer": "E", | |
| "candidates": { | |
| "A": "Distinctive", | |
| "B": "Novel", | |
| "C": "Creative", | |
| "D": "Graphically represented", | |
| "E": "only ‘1’ and ‘4’", | |
| "F": "All of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Patents are granted for a new:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Product only", | |
| "B": "Process only", | |
| "C": "Both for a new product and a new process" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Term of a patent in India is:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "20 years from date of grant", | |
| "B": "20 years from the date of filing of a provisional application", | |
| "C": "20 years from the earliest priority date", | |
| "D": "20 years from the date of filing of the complete specification" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A patent gives the owner the right to:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Make his invention", | |
| "B": "Commercialize his invention", | |
| "C": "Publish technical details of his invention", | |
| "D": "Prevent others from making, selling and vending his invention", | |
| "E": "All of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A patent comes into existence:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "On the evolution of an idea", | |
| "B": "On the first publication in an article", | |
| "C": "On the unopposed acceptance of an application to the appropriate authority", | |
| "D": "After the first successful use of the article" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The following intellectual property rights are protectable in the software related to a computer program:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Trade Mark", | |
| "B": "Patent", | |
| "C": "Copyright", | |
| "D": "Design", | |
| "E": "Only ‘1’ ‘2’ and ‘3’", | |
| "F": "Only ‘2’ and ‘3’" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The following remedies are available in the case of breach of Trade Mark:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Civil action", | |
| "B": "Criminal action", | |
| "C": "Damages", | |
| "D": "All of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "One of the following can not be protected by copyright:", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Book or a novel", | |
| "B": "Novel process", | |
| "C": "Software program", | |
| "D": "Drama", | |
| "E": "Piece of architecture" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A term of a Trade Mark is:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "10 years", | |
| "B": "50 years", | |
| "C": "20 years", | |
| "D": "Perpetual" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "An Indian Patent is effective in:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "G-8 Countries", | |
| "B": "All over the world", | |
| "C": "Commonwealth countries", | |
| "D": "India only" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Can a foreign national apply for a patent in India?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "yes", | |
| "B": "no" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Can one obtain a 'world patent'?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "yes", | |
| "B": "no" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The term of a design registration right is:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "20 years and is extendable to additional 5 years upon application", | |
| "B": "20 years", | |
| "C": "10 years", | |
| "D": "10 years extendable to additional 5 years upon application" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Can one protect the shape and appearance of the good through copyright and design registration at the same time?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "yes", | |
| "B": "no" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Can a minor file an application for patent?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "yes", | |
| "B": "no" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Can one publish one's invention after filing a provisional patent application?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "yes", | |
| "B": "no" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Can one commercialize one's invention after filing a provisional patent application?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "yes", | |
| "B": "no" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Can one transfer or sell the rights in a patent?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "yes", | |
| "B": "no" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Can an individual apply for the registration of a Geographical Indication?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "yes", | |
| "B": "no" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which country possesses maximum number of Patents in the world?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "USA", | |
| "B": "Japan", | |
| "C": "South Korea", | |
| "D": "China" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Can a single product be registered under various classes of Trade Mark?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Yes", | |
| "B": "No", | |
| "C": "Sometimes" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Is domain name entitled for Trade Mark protection?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Yes", | |
| "B": "No", | |
| "C": "Sometimes" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Design Registration is conferred for:", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Functional aspect", | |
| "B": "Aesthetic appeal", | |
| "C": "Label attached to the product", | |
| "D": "Name of the product" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Geographical Indication is the property of:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "An individual", | |
| "B": "Group of persons", | |
| "C": "The community" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "One of the following is not an example of Geographical Indication:", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Mysore Silk", | |
| "B": "Champagne", | |
| "C": "Bikaneri Sev", | |
| "D": "Basmati Rice", | |
| "E": "Scotch Whisky" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "\"Kolhapuri\" for chappals is registerable as a:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Trade Mark", | |
| "B": "Service Mark", | |
| "C": "Geographical Indication", | |
| "D": "Well-known Mark" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "After a patent completes its full term of 20 years, it:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Can be renewed for a further period of 10 years", | |
| "B": "Can be renewed only under special circumstances", | |
| "C": "Can be extended for a period of 5 years", | |
| "D": "Becomes public property and, cannot be renewed" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A Trade Mark is registerable in India:", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Only if it is used", | |
| "B": "Even if it is proposed to be used", | |
| "C": "Only if it is used in India and outside India", | |
| "D": "Only on the basis of an established user" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Gandhi can be registered:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "As a Trade Mark", | |
| "B": "As a surname", | |
| "C": "As a copyright", | |
| "D": "As a Trade Mark only on the basis of an established user" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following International treaties deals with Trademarks?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Berne Convention", | |
| "B": "Rome Convention", | |
| "C": "Madrid Convention", | |
| "D": "WIPO Performances & Phonograms Treaty (WPPT)" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is not essential for a cause of action of passing off?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Reputation", | |
| "B": "Deception", | |
| "C": "Damage", | |
| "D": "Registered Trade Mark" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following IPR is NOT territorial in nature?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Copyright", | |
| "B": "Trade Mark", | |
| "C": "Design", | |
| "D": "Patent" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "'X' has written an article and wishes to send it for an online essay competition. How would he copyright it?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "It is already protected by the copyright law once he has written it", | |
| "B": "Registration is compulsory", | |
| "C": "He has to put a copyright notice below his article", | |
| "D": "No protection as it would fall in public domain" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is Certification Trademark?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "RELIANCE", | |
| "B": "AGMARK", | |
| "C": "TATA", | |
| "D": "DARJLING TEA" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Doctrine of Dilution deals with:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Protection of famous trademarks", | |
| "B": "Defence for a trademark infringement", | |
| "C": "Excessive use of a trademark", | |
| "D": "Careless use of a trademark" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "If the owner of a design capable of registration does not register the design:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "He does not get any protection for his design", | |
| "B": "His design falls in the public domain", | |
| "C": "Copyright protection exists till article on which design is applied is reproduced 50 times", | |
| "D": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is patentable in India?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Business methods", | |
| "B": "Micro-organisms", | |
| "C": "Topography of integrated circuits", | |
| "D": "Computer Software" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is priority date?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "It is the date on which Provisional specification is filed provided the claims are fairly based on it", | |
| "B": "It is the date on which patent is granted", | |
| "C": "It is the date on which the first application is filed", | |
| "D": "It is the date on which the application is published" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "When are compulsory licences granted in Patents?", | |
| "answer": "E", | |
| "candidates": { | |
| "A": "On the death of the patentee", | |
| "B": "On declaration by the Government", | |
| "C": "For meeting the reasonable requirements of the public at reasonable prices", | |
| "D": "On the expiry of the patent monopoly", | |
| "E": "2 and 3 above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is a Trade Mark infringement?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Cyber-Squatting", | |
| "B": "Typo-squatting", | |
| "C": "Framing and mirroring", | |
| "D": "All of the above", | |
| "E": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is not an absolute ground of refusal of Trade Mark registration?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Trade Mark devoid of distinctive character", | |
| "B": "Trademark of descriptive Trademark", | |
| "C": "Customary Trade Mark", | |
| "D": "Unregistered Trade Mark protected by law of passing off" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is not a defence for an infringement of Trade Mark?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Honest concurrent use", | |
| "B": "Acquiescence", | |
| "C": "Innocent infringement", | |
| "D": "Prior user" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "An application for registration of a Trade Mark shall be advertised in a Trade Mark Journal ordinarily within:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "3 months", | |
| "B": "6 months", | |
| "C": "12 months", | |
| "D": "9 months" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The Fourth Schedule of the Trade Mark Rules contains:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "34 classes of goods and 8 classes of services", | |
| "B": "38 classes of goods and 4 classes of services", | |
| "C": "40 classes of goods and 2 classes of services", | |
| "D": "28 classes of goods and 14 classes of services" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Where a Trade Mark is assigned without the goodwill of the business concerned:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "The assignee has to advertise the assignment", | |
| "B": "The Trade Mark is directly transferred to the assignee unconditionally", | |
| "C": "The assignee has to wait for the transfer of goodwill", | |
| "D": "A Trade Mark cannot be assigned without goodwill" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Who can sue for infringement of a Trade Mark?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "The proprietor of the registered Trade Mark", | |
| "B": "Legal heirs of the deceased proprietor of a Trade Mark", | |
| "C": "Any one of the joint proprietors of a Trade Mark", | |
| "D": "All of the above", | |
| "E": "Only (1) and (3)" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following statements is correct?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "A Trade Mark cannot be used unless it is registered, as trademark registration is statutory", | |
| "B": "Registration is not necessary to protect a Trade Mark; user is more important", | |
| "C": "Registration is the only proof of validity of a trademark", | |
| "D": "User is not important, registration is necessary" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following can be classified as a Service Mark?", | |
| "answer": "E", | |
| "candidates": { | |
| "A": "Beauty Parlor", | |
| "B": "Educational institution", | |
| "C": "Computer software development", | |
| "D": "Restaurants and Hotels", | |
| "E": "All of the above", | |
| "F": "Only (2) and (3) above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "If my Trade Mark application is pending which symbol will I put on my goods?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "©", | |
| "B": "®", | |
| "C": "TM", | |
| "D": "SM" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "'A Trade Mark is perpetual in nature'. Which of the following options is correct with respect to this statement?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "It is subject to renewal every 10 years", | |
| "B": "A Trade Mark protection lasts till the death of the owner", | |
| "C": "A Trade Mark becomes publici juris after a period of 10 years", | |
| "D": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The community Trade Mark of Europe covers:", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Europe and Asia", | |
| "B": "27 Countries", | |
| "C": "Entire World", | |
| "D": "51 countries" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In case of a Trade Mark infringement of a label in which copyright subsists which of the following options is most suitable?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "A suit for Trade Mark infringement", | |
| "B": "A suit for copyright infringement", | |
| "C": "A combined suit for Trade Mark, passing off and Copyright infringement", | |
| "D": "A civil suit for Trade Mark and passing off and a criminal action for copyright infringement" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "TM Registry is situated in:", | |
| "answer": "F", | |
| "candidates": { | |
| "A": "Delhi", | |
| "B": "Chennai", | |
| "C": "Kolkata", | |
| "D": "Ahmedabad", | |
| "E": "Mumbai", | |
| "F": "All of the above", | |
| "G": "Only (1) and (3)" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Registration of a Trade Mark confers on the proprietor of the Trade Mark, exclusive right to use of the Trade Mark in relation to:", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "All goods in the class for which it is registered", | |
| "B": "Only for the goods for which it is registered", | |
| "C": "Extends to all goods and services available in a country", | |
| "D": "If the Trade Mark is a well-known Trade Mark then protection extends to any class of goods" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Transborder reputation applies for:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Well known International Trade Mark", | |
| "B": "International Trade Marks registered in India", | |
| "C": "All International Trade Marks", | |
| "D": "Only goods sold under the respective Trade Mark in India", | |
| "E": "Only (1) and (3)" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The period of limitation for filing a suit for infringement of a Trade Mark is:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Three years from the date of on which the owner becomes aware of the infringement", | |
| "B": "One year from the date of infringement", | |
| "C": "At any time when the owner becomes aware of the infringement", | |
| "D": "Within six months of the date of infringement" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is an exception to the general rule that use of the same/similar mark by more than one proprietor is not permitted?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Honest concurrent use", | |
| "B": "Innocent infringement", | |
| "C": "There is no such exception", | |
| "D": "Acquiescence by the owner of Trade Mark" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following offences are met with penalty under the Trade Marks Act, 1999?", | |
| "answer": "F", | |
| "candidates": { | |
| "A": "Falsely representing a Trade Mark as registered", | |
| "B": "Falsifying and falsely applying Trade Marks", | |
| "C": "Falsification of entries in register", | |
| "D": "Using ones own name as a Trade Mark", | |
| "E": "All of the above", | |
| "F": "Only (1), (2) and (3)" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Is there a worldwide patent?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Yes", | |
| "B": "No", | |
| "C": "Sometimes", | |
| "D": "Maybe" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "‘International application’ means an application for a patent made in accordance with the:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Budapest Treaty", | |
| "B": "Berne Convention", | |
| "C": "Patent Cooperation Treaty", | |
| "D": "Madrid System" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The Indian Patent Office is a receiving office for international applications by:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Nationals of India", | |
| "B": "Residents of India", | |
| "C": "Anyone", | |
| "D": "(1) and (2)" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A resident in India cannot apply for a patent outside India:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Unless an application for a patent for the same invention has been made in India, not less than six weeks before the application outside India", | |
| "B": "Unless a request for permission is made in Form 25 for making a patent application outside India", | |
| "C": "(1) or (2)", | |
| "D": "Unless he/she is a foreign citizen" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "An international application shall be filed with the appropriate office in triplicate in:", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Sanskrit or Hindi", | |
| "B": "English or Hindi", | |
| "C": "English or Marathi", | |
| "D": "English only" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "International publication of the PCT application is handled by the International Bureau in Geneva:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Always", | |
| "B": "Sometimes", | |
| "C": "Never", | |
| "D": "Optionally" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The next step after filing an international application is:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Applications are filed automatically in the designated countries", | |
| "B": "Application is granted by WIPO", | |
| "C": "National phase applications are to be filed individually in the chosen countries from the list of designated countries", | |
| "D": "Applications can be filed individually in any country" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "After filing an international application:", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "National phase applications can be filed in the chosen countries at any time", | |
| "B": "National phase applications are to be filed within a period of 30 / 31 months from the priority date of the international application or date of filing of the international application, whichever is earlier", | |
| "C": "National phase applications are to be filed in a time period of 30 / 31 months from the publication date of the international application", | |
| "D": "National phase applications are to be filed after a period of 30 / 31 months from the priority date of the international application or date of filing of the international application", | |
| "E": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "An international application can be withdrawn:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Anytime", | |
| "B": "Never", | |
| "C": "Not later than 15 days before the date of publication", | |
| "D": "Not later than 15 days after the date of publication" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The international filing fee is for the benefit of:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "The International Bureau (IB)", | |
| "B": "The Receiving Office (RO)", | |
| "C": "(1) and (2)", | |
| "D": "The designated countries" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The role of the Trade Mark Registry is to:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Register Trade Marks", | |
| "B": "Notify the Trade Mark owner in case of infringement of his registered TradeMark", | |
| "C": "Adjudicate Trade Mark infringement proceedings", | |
| "D": "All of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following can be registered as a Trade Mark:", | |
| "answer": "F", | |
| "candidates": { | |
| "A": "Descriptive word (e.g., superior, pure, perfect, etc.)", | |
| "B": "Word indicating a geographical origin", | |
| "C": "Invented or coined word", | |
| "D": "Used or proposed to be used mark", | |
| "E": "All of the above", | |
| "F": "Only 3 and 4" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The registration of a Trade Mark cannot be refused on the ground that:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "It is devoid of distinctive character", | |
| "B": "It is likely to cause confusion to the public", | |
| "C": "It is similar to a well-known mark", | |
| "D": "It has not been used at all by the applicant", | |
| "E": "All of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following statement is false about “well-known Trade Marks”?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "It is widely known to a relevant section of the public", | |
| "B": "It can be registered", | |
| "C": "It cannot be registered", | |
| "D": "It is protected under The Trade Marks Act" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A registered Trade Mark may be removed from the register of Trade Marks on the ground that:", | |
| "answer": "E", | |
| "candidates": { | |
| "A": "The proposed to be used trademark was registered without any bona fide intention to use it", | |
| "B": "There has been no bona fide use of the trademark for a continuous period of five years from the date of registration", | |
| "C": "There has been no use of the trade mark due to the restrictions imposed by any law or regulation in India", | |
| "D": "All of the above", | |
| "E": "Only 1 and 2" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The proprietor of a registered Trade Mark wants to make minor changes in his registered Trade Mark. He can:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "File an application for the registration of the new Trade Mark", | |
| "B": "File an application for the amendment of his existing Trade Mark", | |
| "C": "Cannot modify a trademark once it is registered", | |
| "D": "Both 1 and 2", | |
| "E": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following would be a good Trade Mark:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "“Car Rentals” for car rental service“Car Rentals” for car rental service", | |
| "B": "“Health Drink” for fruit juices", | |
| "C": "“Krystal” for window cleaner product", | |
| "D": "“Clean and Fresh” for laundry service", | |
| "E": "“Rental Homes” for rented apartments" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A person “Z” registers the mark “Safe for Children”. Two toy manufacturing companies “X” and “Y” use the same mark (Safe for Children) on their products, after acquiring a certificate from Z. The companies neither own that mark nor ha", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Trade Mark", | |
| "B": "Certification Mark", | |
| "C": "Collective Mark", | |
| "D": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A person makes a new device for extracting orange juice. He names the new device “Oranju”, and writes an instruction booklet on how to operate the device. A Trade Mark can be registered for:", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "The device for making orange juice", | |
| "B": "The name “Oranju”", | |
| "C": "The instruction booklet", | |
| "D": "All of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Two companies “X” and “Y” manufacture different baby foods and sell them under different trade names that are registered. Both use the same phrase “Extremely delicious and healthy” on their product labels to describe their product. X file", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Yes", | |
| "B": "No", | |
| "C": "Partial relief", | |
| "D": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following are not covered by Copyrights?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Right to use, modify & distribute", | |
| "B": "Right to make copies & synchronize", | |
| "C": "Right to perform & broadcast", | |
| "D": "Right to share and discuss" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Who is the first owner of copyright for a musical album?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Composer of Music Album", | |
| "B": "Distributor of Music Album", | |
| "C": "Recorder of Music Album", | |
| "D": "Producer of Film using the Music Album" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following are protected by Copyright?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Thoughts", | |
| "B": "Expressions", | |
| "C": "Ideas", | |
| "D": "Slogans" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Who is the first owner of a Copyright in a work created by an employee in his employment?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Employer", | |
| "B": "Employee", | |
| "C": "Both are joint owners", | |
| "D": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following qualifies as Fair Use in respect of a work of Copyright?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Use of a small portion of the work", | |
| "B": "Use of only the most important parts of the work", | |
| "C": "Use for a nonprofit purpose", | |
| "D": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "When a work is said to be in the Public Domain, it can be said that:", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "The work is sold in the market and is available at all places", | |
| "B": "You can obtain a copy for free download from the internet", | |
| "C": "You can make as many copies as you want to", | |
| "D": "The term of copyright in the work has run out" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Factors in determining whether a use of a copyrighted work is a Fair Use exclude:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Amount of the work used", | |
| "B": "Effect on the market", | |
| "C": "Purpose of the use", | |
| "D": "Availability of the work used" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Fair Use is:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "The right to copy without permission for personal use", | |
| "B": "A defense against copyright infringement", | |
| "C": "The right for schools and teachers to use any copyrighted works without permission", | |
| "D": "The right to download anything from the internet" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the meaning of “Copyright © 2003-2005”?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Dates on which work was created and/or modified", | |
| "B": "Copyright was applied for in 2003 and it was registered in 2005", | |
| "C": "Copyright was applied for in 2003 and it was registered in 2005", | |
| "D": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is an infringement of Copyright?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Making copies of a computer program for backup purposes", | |
| "B": "Making copies of a program since the original is in a compressed format", | |
| "C": "Installing single licensed software on a laptop and desktop at the same time", | |
| "D": "Making multiple copies of software having purchased multiple user licenses" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How many copies of the work are required to be submitted for registration of Copyright?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "2 copies", | |
| "B": "4 copies", | |
| "C": "3 copies", | |
| "D": "6 copies" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is considered to be an infringement of Copyright?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Damages", | |
| "B": "Injunction", | |
| "C": "Imprisonment for 6 to 3 years", | |
| "D": "Imprisonment for 7 to 10 years" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The term of Copyright in published Literary, Dramatic, Musical & Artistic work is:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "60 years following the year in which the author dies", | |
| "B": "60 years from the date of its creation", | |
| "C": "60 years from the date on which application for registration is filed", | |
| "D": "60 years from the date on which Copyright is registered" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is considered to be an infringement of Copyright?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Reading & reciting an extract of a work in public without consent of author/owner", | |
| "B": "Performance for entertainment purposes without consent of the author/owner", | |
| "C": "Performance for an educational institution without consent of author/owner", | |
| "D": "Performance for religious purposes without consent of the author/owner" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Copyright exists in which of the following works?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Cinematographic films", | |
| "B": "Books", | |
| "C": "Sound recordings", | |
| "D": "Photographs", | |
| "E": "All of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "From when are the Copyrights conferred on the author of a work?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "When the work is created", | |
| "B": "When the work is registered with the Copyright office", | |
| "C": "When the work is published and becomes available to the public", | |
| "D": "When the work is copied with or without permission from the author", | |
| "E": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Under The Berne Convention, what is the duration of Copyright for a literary work?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "20 years from the creation of the work", | |
| "B": "50 years from the creation of the work", | |
| "C": "Life of the author plus 20 years from death", | |
| "D": "Life of the author plus 50 years from death" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How long does Copyright last for cinematograph films and sound recordings?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "50 years from the year of first publication", | |
| "B": "60 years from the year of first publication", | |
| "C": "60 years from the end of the calendar year in which the last of the director dies", | |
| "D": "60 years from the end of the calendar year in which the last of the director, writer or musical composer dies" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "After the economic rights have been transferred, which rights remain with the author?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Performance rights", | |
| "B": "Moral rights", | |
| "C": "Reproduction rights", | |
| "D": "No rights remain with the author" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What happens once the term of Copyright expires?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "The Copyright term may be renewed for a further period of time", | |
| "B": "The work may be copied with permission of the copyright owner", | |
| "C": "The work may be copied without permission of the copyright owner", | |
| "D": "The work may be copied without permission of the copyright owner and published as your own work", | |
| "E": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Mr. ‘A’ gets an idea of a novel story and immediately narrates it to his friend Mr. ‘B’. B publishes the story as his own. Can A sue B for infringement of Copyright?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Yes", | |
| "B": "No", | |
| "C": "Maybe", | |
| "D": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Is the following statement true or false: “Since all the work published on the internet is publicly accessible, it is in public domain and free to use.”", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "TRUE" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Is the following statement true or false: “The works which are accompanied with a Copyright notice are protected and the works without such notice are not protected.”", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "TRUE" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Mr. “A” makes some changes in an article in which Copyright subsists, and thereafter publishes the modified article as his own. Would that amount to Copyright infringement?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Yes", | |
| "B": "No" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The term 'Geographical Indications' could be used for:", | |
| "answer": "E", | |
| "candidates": { | |
| "A": "Agricultural goods", | |
| "B": "Natural goods", | |
| "C": "Manufactured goods", | |
| "D": "All of the above", | |
| "E": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Geographical Indications are used to indicate:", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "A geographical place", | |
| "B": "A link between some characteristic of the good and the particular region where it is produced", | |
| "C": "The place where the goods are manufactured/produced", | |
| "D": "The origin of goods" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The sign used for a Geographical Indication may be:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "A name of a geographical place", | |
| "B": "A symbol", | |
| "C": "A map", | |
| "D": "All of the above", | |
| "E": "Only 1 and 2" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Who can apply for registration of a Geographical Indication?", | |
| "answer": "E", | |
| "candidates": { | |
| "A": "An association of persons", | |
| "B": "An organization of producers", | |
| "C": "An individual", | |
| "D": "All of the above", | |
| "E": "Only 1 and 2" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Who can use a registered Geographical Indication?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "A person having interest in goods to which the Geographical Indication relates", | |
| "B": "A person residing in the area to which the Geographical Indication relates", | |
| "C": "A producer of the goods in respect of which a Geographical Indication has been registered", | |
| "D": "An authorised user" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Who can be considered a ‘producer’ in relation to goods under the Geographical Indications of Goods Act?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "A person who produces, processes or packages agricultural goods", | |
| "B": "A person who uses natural goods in making or manufacturing products", | |
| "C": "A person who makes or manufactures handicrafts or industrial goods", | |
| "D": "All of the above", | |
| "E": "None of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the term of Geographical Indication protection?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Unlimited period", | |
| "B": "Twenty years but may be renewed from time to time for an unlimited period", | |
| "C": "Fifteen years but may be renewed from time to time for an unlimited period", | |
| "D": "Ten years but may be renewed from time to time for an unlimited period" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "If a T-shirt contains a label of “Made in India”, is it a Geographical Indication?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "No", | |
| "B": "Yes", | |
| "C": "Maybe" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which one of the following is not a Geographical Indication?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Goa Feni", | |
| "B": "Nagpur orange", | |
| "C": "Indian Neem tree", | |
| "D": "Kolhapuri chappal" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Who can initiate an action for the infringement of a Geographical Indication?", | |
| "answer": "E", | |
| "candidates": { | |
| "A": "The government", | |
| "B": "The registered proprietor", | |
| "C": "The authorized user", | |
| "D": "An individual having interest", | |
| "E": "Only 2 and 3", | |
| "F": "All of the above" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of these things can not be patented by the World Intellectual Property Organization based in Geneva?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "A keyhole", | |
| "B": "A simple idea", | |
| "C": "A trademark" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What does this symbol mean: ©?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Copyright = right to copy", | |
| "B": "Copyright = right to consult", | |
| "C": "Copyright = droit to understand" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What did Gutenberg invent in 1437?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "A barge for river transport", | |
| "B": "The printing press", | |
| "C": "The pencil" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How does the Bern Convention, dating from 1886, protect literary and artistic works?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Thanks to copyright", | |
| "B": "With the registration of the name of the author of these works", | |
| "C": "With the enactment of a collection of the authors works" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which symbol protects a trademark?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Registered ®", | |
| "B": "Copyright ©", | |
| "C": "Registered designation of origin (PDO)" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is considered an infringement of intellectual property rights?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Controlled appellations, patents and copyrights", | |
| "B": "Cloning, invention and discovery", | |
| "C": "Piracy, counterfeiting and plagiarism" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In which city is the headquarters of the World Intellectual Property Organization (WIPO), created in 1967?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Paris", | |
| "B": "Geneva", | |
| "C": "New York" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How long does copyright last?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Throughout the life of the author then the protection varies according to the law in force in each country", | |
| "B": "There is no time limit", | |
| "C": "10 years" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the difference between an invention and a discovery?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "No difference, it's the same", | |
| "B": "If something already exists in nature, it is a discovery and not an invention", | |
| "C": "An invention differs from a discovery because it is useful in everyday life" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What are we referring to when we speak of related rights?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "It is reserved for people who allow us to discover a work, for example a singer", | |
| "B": "It is reserved for the objects that accompany the work, for example a key for the door", | |
| "C": "Rights that are between relatives" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Where is the headquarters of USPTO located?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Detroit, Michigan", | |
| "B": "Denver, Colorado", | |
| "C": "Dallas, Texas", | |
| "D": "Alexandria, Virginia" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Indian National IPR Policy came out in the year", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "2016", | |
| "B": "2000", | |
| "C": "2001", | |
| "D": "1970" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Patil Jewellers is a bad trademark. Reason is.......", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Common Names, Names of community and name of person should be avoided", | |
| "B": "Jewellery business must not have a trademark", | |
| "C": "Nature of business should not be a part of trademark", | |
| "D": "It is already taken by someone" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is not a category of copyright work", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Literary works", | |
| "B": "Furniture", | |
| "C": "Sculpture", | |
| "D": "Musical work" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Patent can be infringed", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Directly only", | |
| "B": "In-directly only", | |
| "C": "directly as well as indirectly", | |
| "D": "Exclusively" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Duration of patent is", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "20 years from the date of application", | |
| "B": "20 years from the date of publication", | |
| "C": "20 years from the date of grant", | |
| "D": "20 years from the date of examination" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "An application for a patent shall ordinarily be published after", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "12 months", | |
| "B": "18 months", | |
| "C": "24 months", | |
| "D": "36 months" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which court has the jurisdiction to entertain a trademark infringement suit?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "High Court", | |
| "B": "special court", | |
| "C": "supreme court", | |
| "D": "labour court" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Defensive protection in traditional knowledge aims to _______________", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "encourage people outside the community from acquiring intellectual property rights over traditional knowledge", | |
| "B": "stop people outside the community from acquiring intellectual property rights over traditional knowledge", | |
| "C": "Hide IP", | |
| "D": "stop people withinthe community from acquiring intellectual property rights over traditional knowledge" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The publication of a patent application shall be available", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Official Journal of the Patent office", | |
| "B": "Official Gazette of the Government of India", | |
| "C": "Website of the Press Information Bureau", | |
| "D": "National Newspapers on every Tuesday" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A party may seek a compulsory license, after _______of the grant of a patent.", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "2 years", | |
| "B": "3 years", | |
| "C": "4 years", | |
| "D": "5 years" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Upon obtaining a provisional patent, the inventor/inventors may use _____ tag when they try to find the commercial potential of their new design/process.", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Patent completed", | |
| "B": "Patent resume", | |
| "C": "Patent pending", | |
| "D": "Patent submitted" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Discovery of a new galaxy is", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "a patentable subject matter", | |
| "B": "non-patentable under section 3(a) of Indian Patent Act 1970", | |
| "C": "non-patentable under section 3(b) of Indian Patent Act 1970", | |
| "D": "non-patentable under section 3(c) of Indian Patent Act 1970" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Biological Diversity means ___________", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Biological Destruction", | |
| "B": "the similiarity among living organisms from all sources and the ecological complexes", | |
| "C": "the variability among living organisms from all sources and the ecological complexes", | |
| "D": "Biological Disturbance" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How many types of compulsory licenses are provided for under the Indian patent Act?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "1", | |
| "B": "2", | |
| "C": "3", | |
| "D": "4" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A patent protects the .......... aspects of a product.", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "design", | |
| "B": "commercial", | |
| "C": "non-functional", | |
| "D": "functional" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "what is the problem for the incumbent manufacturers in many industries?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "they may not own the intellectual property (IP) that new digital technologies are built upon", | |
| "B": "they may own the intellectual property (IP) that new digital technologies are built upon", | |
| "C": "world is changing slow", | |
| "D": "Internet" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Local and indigenous communities are using traditional knowledge for ______", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Agriculture and food storage", | |
| "B": "sturucture", | |
| "C": "construction", | |
| "D": "destruction" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "As per____ a work created by an individual represents their specific character as an individual, natural rights demands that we accept the resulting development as its creator's exclusive property.", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Personality Theory", | |
| "B": "Labour Theory", | |
| "C": "Natural theory", | |
| "D": "Social Contract Theory" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is genomics?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Genomics is the study of the only part of the genetic or epigenetic sequence information of organisms", | |
| "B": "Genomics is the study of the economics and genetis", | |
| "C": "Genomics is the study of information", | |
| "D": "Genomics is the study of knowledge" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "WIPO is situated at..", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "London", | |
| "B": "New York", | |
| "C": "Geneva", | |
| "D": "Doha" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Patent is not granted", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "new technical solution to a problem", | |
| "B": "process", | |
| "C": "product", | |
| "D": "for an idea or principle" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Design patents may be granted to whom in US Scenario?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "anyone who uses design", | |
| "B": "anyone who replicates useful process or machine", | |
| "C": "anyone who invents a new, original, and ornamental design for an article of manufacture", | |
| "D": "anyone who replicates a ornamental design" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Opposition Board consists of", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "4 members", | |
| "B": "3 members", | |
| "C": "5 members", | |
| "D": "7 members" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A patent is ____________granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law.", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "exclusive right", | |
| "B": "Inclusive right", | |
| "C": "Both a and b", | |
| "D": "tangible property" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Is Indian Patent Act 1970 applicable to Ladakh Union Territory?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Yes", | |
| "B": "No", | |
| "C": "Jammu and Kashmir has an independent Patent Act", | |
| "D": "Ladakh Union Territory has an independent act" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A National Phase Application may be filed in India because India is a member of the", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "WHO", | |
| "B": "UNICEF", | |
| "C": "PCT", | |
| "D": "NASA" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The appropriate court by institution of a suit for infringement of patent is:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "The District Court", | |
| "B": "The High Court", | |
| "C": "IPAB", | |
| "D": "A or B" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Trademark confers......rights to use the mark", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "no", | |
| "B": "certain", | |
| "C": "exclusive", | |
| "D": "limited" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Claims are needed to be filled in", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Form 1", | |
| "B": "Form 2", | |
| "C": "Form 3", | |
| "D": "Form 15" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the territorial jurisdiction of the Patents Act, 1970?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "It extends to whole of India except for the State of Jammu & Kashmir", | |
| "B": "It extends to whole of India", | |
| "C": "It extends to whole of India except for the Union Territories and State of Jammu & Kashmir.", | |
| "D": "It extends to whole of India and members of the World Intellectual Property Organization" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "...................., in relation to an invention, means that the invention is capable of being made or used in an industry", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "patent", | |
| "B": "capable of industrial application", | |
| "C": "exclusive licence", | |
| "D": "international applicant" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which Form can be used for requesting early publication of a patent?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Form 2", | |
| "B": "Form 1 and 2", | |
| "C": "Form 9", | |
| "D": "Form 5" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the concerns regarding genomics?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "the appropriateness of intellectual property (IP)", | |
| "B": "access to IP", | |
| "C": "Technical", | |
| "D": "Regional" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the territorial jurisdiction of the Patents Act, 1970?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "It extends to whole of India except for the State of Jammu & Kashmir", | |
| "B": "It extends to whole of India", | |
| "C": "It extends to whole of India except for the Union Territories and State of Jammu & Kashmir.", | |
| "D": "It extends to whole of India and members of the World" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What are types of patents in Australian Scenario?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "standard patent and innovation patent.", | |
| "B": "Product and process patent", | |
| "C": "instruction patent", | |
| "D": "composition patent" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Patent rights with respect to any invention are created only upon___ of the patent by the Patent Office following the procedure established by the Patents Act and the Rules", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "grant", | |
| "B": "delivery", | |
| "C": "licence", | |
| "D": "establishment" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The ____ builds on the interest of society in works of intellectual property, holding that legal protection for intellectual works serves as an incentive to produce more intellectual works that will ultimately benefit society", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Reward theory", | |
| "B": "Incentive theory", | |
| "C": "Prospect theory", | |
| "D": "Economic theory" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Patent application contains_____", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Form-1", | |
| "B": "Form-2", | |
| "C": "Form-1 and Form-2", | |
| "D": "Form-30" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Indian Patent system has", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Pre-grant opposition only", | |
| "B": "Post-grant opposition only", | |
| "C": "both pre-grant and post-grant opposition", | |
| "D": "process opposition only" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A request for expedited examination can be filed in the following cases", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "If the applicant is a Startup", | |
| "B": "If the applicant is a Natural Person", | |
| "C": "In an international application, India has been elected as an International Preliminary Examining Authority", | |
| "D": "both A and B" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Intellectual property law does incentivise .......", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "protection", | |
| "B": "security", | |
| "C": "innovation", | |
| "D": "rights" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "National patents are available in which European countries", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "all European countries", | |
| "B": "Some European countries", | |
| "C": "only in Switzerland", | |
| "D": "only in Liechtenstein" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Intellectual property rights are _____ over the use of his/her creation for a certain period of time.", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "excessive rights", | |
| "B": "additional rights", | |
| "C": "exclusive right", | |
| "D": "security rights" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following are remedies to breach of confidential information?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "infringement", | |
| "B": "Permanent Injunction", | |
| "C": "Damages", | |
| "D": "Interim Injunction" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "An inventor was awarded a patent in U.K. on a method for selecting transformed plants and has practiced the mentioned method only in U.K. Six months later, another person who independently invented the same method in Australia wants to obtain a patent in Australia. She:", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "could do it without major problems", | |
| "B": "would not be able to do it because the granted patent was published in the U.K.", | |
| "C": "would not be able to do it because the method is used in the U.K.", | |
| "D": "would not be able to do it because the method is used in the U.K and patent granted was published in UK" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Patent rights with respect to any invention are created only upon grant of the patent by the Patent Office following the procedure established by the", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Customs Act and the Rules", | |
| "B": "Patents Act and the Rules", | |
| "C": "Commercial Rules", | |
| "D": "Business Ethics" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The term trademark is defined under", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Section 2(1)a", | |
| "B": "Section 2(1)j", | |
| "C": "Section 2(1)z", | |
| "D": "Section 2(1)zb" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A compulsory licence can be granted for ....", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Designs Confidential Information", | |
| "B": "Patent and Copyright", | |
| "C": "Trademark", | |
| "D": "Geographical Indication" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Under the protection of Plant Varieties and Farmers Rights Act, 2001, _____ have rights to protect the new variety of plant/crop either in person or through any of the designates.", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Consumers", | |
| "B": "Clients", | |
| "C": "Plant breeders", | |
| "D": "Customers" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The term ‘Intellectual Property Rights’ covers", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "only the design", | |
| "B": "only the logo", | |
| "C": "only the equipment", | |
| "D": "design,logo and equipment" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "IP elevates the development of", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "the nation", | |
| "B": "a section of the society only", | |
| "C": "family growth only", | |
| "D": "only self growtrh" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Infringement can be classified as -", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "primary and secondary infringement", | |
| "B": "first and second infringement", | |
| "C": "punishable and non-punishable infringement", | |
| "D": "new and old infringement" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A policy (or policies) behind the patent system is:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "to encourage an inventor to disclose an invention by granting exclusive rights over the invention to the inventor.", | |
| "B": "to not benefit the public by limiting the scope and term of the exclusive rights granted to an inventor.", | |
| "C": "to not benefit the public through encouraging innovation by publishing a full disclosure of the technical details of the invention.", | |
| "D": "To benefit only the Owner of the patent" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is not an example of a literary work?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "shopping list", | |
| "B": "a character from a storybook", | |
| "C": "a textbook", | |
| "D": "a bus timetable" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "WTO stands for...", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "world trade organisation", | |
| "B": "work trade organisation", | |
| "C": "world traffic organisation", | |
| "D": "work traffic organisation" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following remedies is not available for infringement?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Civil", | |
| "B": "Criminal", | |
| "C": "Administrative", | |
| "D": "personal law" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Trade Marks Act, 1999 was administered by the", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Department of Industrial Policy and Promotion under the Ministry of Commerce and Industry", | |
| "B": "Department of Education Ministry", | |
| "C": "Department of rural development Ministry", | |
| "D": "Department of Telecom" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "If you file provisional specification, the complete specification is required to be filed within :", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "10 months", | |
| "B": "12 months", | |
| "C": "18 months", | |
| "D": "24 months" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Positive protection is the granting of rights that _________", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "empower communities to promote their traditional knowledge, control its uses and benefit from its commercial exploitation", | |
| "B": "for non-comercial use", | |
| "C": "not to promote traditional knowledge", | |
| "D": "do not benefit from Traditional Knowledge" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "When did China became a member of the World Intellectual Property Organization (WIPO)?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "1978", | |
| "B": "1979", | |
| "C": "1980", | |
| "D": "1982" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following options are correct? Statement 1: Infringement means assignment of an intellectual property right. Statement 2: Infringement means trespass on an intellectual property.", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Statement 1 is true, 2 is false", | |
| "B": "Statement 1 is false, 2 is true", | |
| "C": "Statement 1 and 2 both are false", | |
| "D": "Statement 1 and 2 both are true" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Intellectual property is broadly divided into two categories", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Private & Public", | |
| "B": "Authorised & unauthorized", | |
| "C": "Indian and Foreign", | |
| "D": "Patents & Copyrights" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is not one of the challenges in valuing IP?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "patent pooling", | |
| "B": "Lack of information to identify benchmarks", | |
| "C": "shortage of valuation experts", | |
| "D": "Level of subjectivity and assumptions" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Under the Treaty on Patent Cooperation, inventors may submit only ______ which is valid in one or all of the more than 120 countries that are members of this Treaty.", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "two national application", | |
| "B": "two international application", | |
| "C": "one international application", | |
| "D": "one national application" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Typically, transfer technology is done ___ protecting the IPR (i.e. patents and copyrights).", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "before", | |
| "B": "after", | |
| "C": "never", | |
| "D": "anytime" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "E-commerce thing that needs to be considered with respect to IP is", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "traditional knowledge", | |
| "B": "data", | |
| "C": "logo", | |
| "D": "photos" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Every application for a patent shall be for one invention only and shall be filed in Form-1 at an appropriate office", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "One invention- one application", | |
| "B": "Up to four connected inventions are permissible", | |
| "C": "Multiple inventions can be clubbed in one application and special fees to be charged for it", | |
| "D": "One major invention and one minor invention are permissible" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How much time does standard patent gives protection and control over an invention for a non-pharmaceutical substances in Australian scenario?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "up to 25", | |
| "B": "up to 20", | |
| "C": "up to 30", | |
| "D": "up to 15" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following options are correct?Assertion: Patents protect inventions. Reason: Intellectual property rights are descriptive of the character of the things that it protects.", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "A is true but R is false", | |
| "B": "A is false but R is true", | |
| "C": "Both A and R are true and R is not the correct explanation of A", | |
| "D": "Both A and R are true and R is the correct explanation of A" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The mandate relating to confidential information under TRIPS is provided under", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Article 40", | |
| "B": "Article 39", | |
| "C": "Article 30", | |
| "D": "Article 44" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is not a rule for patentability in Japanese scenario?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Novelty", | |
| "B": "Inventive Step", | |
| "C": "Innovation", | |
| "D": "Industrial Applicability" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A design in India does not include", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "mode or principle of construction", | |
| "B": "features of shape", | |
| "C": "composition of lines or colours", | |
| "D": "shape of the object" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Multiple patents are filed over a period of time on improvements or modifications, to extend the life of the patent", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Patent Portfolio Management", | |
| "B": "Patent License", | |
| "C": "Patent Thicket", | |
| "D": "Patent Pool" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which one is not related to trademarks", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Paris Convention, 1883", | |
| "B": "Berne convention, 1886", | |
| "C": "Madrid Agreement, 1891", | |
| "D": "Madrid Protocol, 1989" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Compulsory License for export under Indian Patents Act is for--", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Pharmaceutical Products", | |
| "B": "Diagnostic kits required for their use", | |
| "C": "Medicinal Plants", | |
| "D": "Clinical Trial Data" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A new way to process milk so that the saturated fats are lowered in butter it is covered under:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Patents", | |
| "B": "Copyrights", | |
| "C": "Trade mark", | |
| "D": "Industrial design" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "According to Indian Patent Act 1970, a patent can be filed by", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "a robot", | |
| "B": "a real person", | |
| "C": "a car", | |
| "D": "a computer" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A patent gives the owner the right to:", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "make the invention", | |
| "B": "commercialise the invention", | |
| "C": "publish the results of tests using the invention", | |
| "D": "keep others from copying her invention" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The patentability criteria as under TRIPS consists of", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Originality, novelty, utility", | |
| "B": "Originality, utility, inventive step", | |
| "C": "Novelty, utility, inventive step", | |
| "D": "Novelty, originality, enforceability" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "...... means an application for a patent made by virtue of Section 135;", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "international application", | |
| "B": "convention application", | |
| "C": "exclusive licence", | |
| "D": "international application" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": ".......... grants exclusivity for products that come out of creative labour.", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Product laws", | |
| "B": "Property laws", | |
| "C": "Personal laws", | |
| "D": "Criminal laws" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What protects the intellectual property created by designers?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "copyright", | |
| "B": "patents", | |
| "C": "registered designs", | |
| "D": "Trademarks" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Section ____ provides the inventions which are not patentable under the", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "section 6", | |
| "B": "section 9", | |
| "C": "section 10", | |
| "D": "section 3 and 4" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is included in biological resources?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "genetic material of animal", | |
| "B": "human genetic material", | |
| "C": "softwares with Genetic algorithms", | |
| "D": "designs" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Indian Design Act was enacted in the year", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "1970", | |
| "B": "2000", | |
| "C": "1998", | |
| "D": "1995" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the challenge faced by Intellectual Property?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Biodiversity", | |
| "B": "Digital world", | |
| "C": "Internet", | |
| "D": "Product" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "_____________can be interpreted stand-alone without associating with any other claims.", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Dependent claims", | |
| "B": "Independent claims", | |
| "C": "Mutually dependent claims", | |
| "D": "verbatim claim" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which one is the correct format for the claims part?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Preamble, transitional phrase, body", | |
| "B": "Preamble, body, transitional phrase", | |
| "C": "transitional phrase, body, preamble", | |
| "D": "transitional phrase, preamble ,body" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A PCT publication is", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "always a granted patent", | |
| "B": "sometimes a granted patent", | |
| "C": "always a patent application", | |
| "D": "Revoked application" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Who can register Geographical Indication?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Company", | |
| "B": "Producers", | |
| "C": "Retailers", | |
| "D": "Shopkeepers" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The sequence of events between Tg(Time of Grant) and Te (Time of Expiry) happens at", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "The District Court only", | |
| "B": "The High Court only", | |
| "C": "IPAB only", | |
| "D": "The District court/High Court/IPAB" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Applicant has to obtain a ___ to file the application from the inventor", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "NOC", | |
| "B": "NDA", | |
| "C": "MoU", | |
| "D": "proof of right" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "IPR is related to", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Only business", | |
| "B": "Only academics", | |
| "C": "trade, industry and commerce", | |
| "D": "Only Industry" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A patent application shall be filed on Form-1 alongside____, with the prescribed fee", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "photo copies of proofs", | |
| "B": "photo copies of designs", | |
| "C": "Provisional / Complete Specification", | |
| "D": "photo copies of documents" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "On genetic resources intellectual property protection and the conservation of biodiversity should be __________", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "undefined", | |
| "B": "not available", | |
| "C": "mutually unsupportive", | |
| "D": "mutually supportive" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In 1970 several inventors decided to simplify the process for protecting patents worldwide by creating the .", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "MoU", | |
| "B": "NDA", | |
| "C": "NOC", | |
| "D": "Patent Cooperation Treaty (PCT)" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "what is advantage of large volumes of data accumulated within companies?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "No value", | |
| "B": "Increasing value", | |
| "C": "decreasing value", | |
| "D": "depreciating value" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Identify the wrong statement", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Inventions relating to atomic energy not patentable", | |
| "B": "mathematical or business method or a computer programme per se or algorithms; not patentable", | |
| "C": "seeds, varieties and species and essentially biological processes for production or propagation of plants and animals not patentable", | |
| "D": "invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components are patentable" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Assertion: A doctor cannot pass the details regarding one patient to other patient.", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "under a confidential obligation", | |
| "B": "under a professional obligation", | |
| "C": "under a professional obligation", | |
| "D": "under a personal obligation" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A patent gives an inventor the exclusive right to which of the following?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "The ability to profit from their invention.", | |
| "B": "The ability to prevent others from making, using, offering for sale, or selling the invention.", | |
| "C": "The ability to prevent others from learning the secrets of the invention.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The “bargain” theory, a theoretical justification for patents, argues which of the following?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "In exchange for inventing something useful, society gives the inventor the exclusive right to their invention for a limited time.", | |
| "B": "The product of mental labor should be the property of its creator.", | |
| "C": "Government negotiates with inventors to determine the value of an invention.", | |
| "D": "None of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which two public policy goals are served by granting patent rights?", | |
| "answer": "A D", | |
| "candidates": { | |
| "A": "By protecting the property rights of inventors, the wellsprings of creation do not dry up for lack of incentive.", | |
| "B": "Patent rights ensure equal treatment for all.", | |
| "C": "From each according to their ability, to each according to their need.", | |
| "D": "The public interest is served by disclosing the details of the invention and thereby promoting the progress of the nation." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Through which of the following means do patents also promote knowledge sharing?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "To get a patent, inventors must disclose the secrets of their inventions.", | |
| "B": "Patents represent the world’s greatest library of technical knowledge.", | |
| "C": "Innovators keep up with technical trends by reading other inventors’ patents.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The Statute of Monopolies in 1624 ended the practice of granting patents for which of the following?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Inventions that were not truly novel.", | |
| "B": "The Crown’s favored inventors.", | |
| "C": "Trade in staples such as salt or soap rather than for actual inventions.", | |
| "D": "Inventions that helped industrialists monopolize whole industries." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following practices were common in early patent systems?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Exorbitantly high patent fees.", | |
| "B": "Limited or no disclosure of the details of the invention.", | |
| "C": "No examination for patent validity.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Early patent systems tended to have which of the following effects on the overall economy?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Innovation was limited to a small sector of the population.", | |
| "B": "Biased toward incumbent industries, early patent systems did not encourage disruptive change.", | |
| "C": "Early patent systems reinforced the wealth of elites, not the productive capacity of society.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The Founding Fathers created the U.S. patent system with which overarching goal in mind?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "To defend America’s newly won independence.", | |
| "B": "To rapidly stimulate the growth of domestic industry.", | |
| "C": "To create advanced new weapons for America’s young army.", | |
| "D": "None of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The U.S. patent system was designed to tap the creative and productive potential of which of the following?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Their abundant natural resources.", | |
| "B": "Their large stock of imported goods and machinery.", | |
| "C": "Rich agricultural lands.", | |
| "D": "An enterprising population with a “universal ambition to go forward”" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following was NOT a unique feature of the U.S. patent system?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "It was affordable by the common person.", | |
| "B": "It had an examination system to determine patent validity.", | |
| "C": "Patentees were required to make or sell products based on their inventions.", | |
| "D": "It had simplified application procedures.", | |
| "E": "It required full disclosure of the details of the invention.", | |
| "F": "It allowed for the sale and licensing of patent rights." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is NOT true of the U.S. patent system?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Novelty, non-obviousness, and utility determine patent validity, not the identity or business model of the inventor.", | |
| "B": "Patents are freely transferable and tradable property rights.", | |
| "C": "You can’t infringe a patent if you honestly don’t know that it exists.", | |
| "D": "Patent holders are not required to make or sell products based on their inventions." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Compared with the Industrial Revolution, what is the overall patent litigation rate today?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "It is twice what it used to be.", | |
| "B": "It is about the same as it used to be.", | |
| "C": "It is less than half what it used to be." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Historically speaking, patent litigation has served to which of the following?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Slow innovation and R&D.", | |
| "B": "Settle disputed rights to new technology so commercialization can proceed.", | |
| "C": "Block others from designing around patents." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How many years after the first patent law was signed in 1790 did it take for the United States to surpass Britain in the number of new inventions being patented?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "13 years.", | |
| "B": "75 years.", | |
| "C": "40 years.", | |
| "D": "100 years." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Historically, in the United States, there have been major surges in new patent filings after which of the following?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "A sharp increase in patent litigation.", | |
| "B": "New technological advances leading to the birth of new industries.", | |
| "C": "A Supreme Court decision on a major patent case.", | |
| "D": "None of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What percentage of entrepreneurs say that patents are vital to securing venture funding?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "20 percent.", | |
| "B": "40 percent.", | |
| "C": "67 percent." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The United States was the only nation to define its greatness in its capacity for which of the following?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Economic growth.", | |
| "B": "Military superiority.", | |
| "C": "Bringing freedom to oppressed elsewhere in the world.", | |
| "D": "Technological progress." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A patentable invention is a new, novel, and non-obvious machine, manufacture, process, or composition of matter. Which of the four types of inventions categories do these hypothetical mousetrap inventions represent?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "A mouse ray gun.", | |
| "B": "Exploding mouse glue.", | |
| "C": "A new way to catch mice using sound waves.", | |
| "D": "A mouse-destroying missile." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "All patentable inventions fall into two broad categories—they are products or processes. Which category do the following fall into?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "A machine.", | |
| "B": "A means to an end.", | |
| "C": "A composition of matter.", | |
| "D": "A manufacture." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Can an idea for a better mousetrap be patented?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Yes, so long as you outline the idea in detail.", | |
| "B": "No, you can’t patent a mere idea." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is NOT patentable?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Electricity.", | |
| "B": "A random number generator.", | |
| "C": "A device that uses electricity to communicate." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "When might a software be patentable?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "If it contains a new, non-obvious, and useful algorithm.", | |
| "B": "If it takes a genuinely-inventive step to either trigger an action, employ a device, or in some other way produce a tangible transformative result.", | |
| "C": "If it records the sale of T-shirts over the Internet.", | |
| "D": "None of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following cases was NOT one of the Supreme Court’s “software-eligibility trilogy” of cases?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Gottschalk v. Benson", | |
| "B": "Williams & Wilkins v. United States", | |
| "C": "Parker v. Flook", | |
| "D": "Diamond v. Diehr" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which court case most severely limited software patentability?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "State Street Bank v. Signature Financial Group", | |
| "B": "In re Bilski", | |
| "C": "Mayo Collaborative Services v. Prometheus Laboratories", | |
| "D": "Alice v. CLS Bank" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the so-called “Alice paradox”?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "The highest-value new software products and services are also hardest to patent.", | |
| "B": "You can get software patents, but you can’t enforce them.", | |
| "C": "You can only patent software that replicates human activity.", | |
| "D": "None of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Patents should only be granted for big revolutionary breakthroughs. True or False?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "True.", | |
| "B": "False." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following Supreme Court cases held that a naturally occurring DNA segment CANNOT be patented?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Mayo Collaborative Services v. Prometheus Labs., Inc.", | |
| "B": "Association for Molecular Pathology v. Myriad Genetics, Inc.", | |
| "C": "Nautilus, Inc. v. Biosig Instruments, Inc." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is NOT a requirement for patent eligibility?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Novel.", | |
| "B": "Revolutionary.", | |
| "C": "Non-obvious.", | |
| "D": "Useful." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What does the term “prior art” refer to?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Any previous private discussions of an invention or its components.", | |
| "B": "Any previous patent, publication, or public use of an invention.", | |
| "C": "Any previous speculation about an invention.", | |
| "D": "None of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "If you invent a functioning starship warp drive, Star Trek would be considered prior art and your invention would be ineligible for a patent. True or False?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "True.", | |
| "B": "False." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "To meet the requirement for utility, which of the following must an invention do?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Work or function as intended.", | |
| "B": "Be of some benefit to society.", | |
| "C": "Be a worthwhile product, process, or composition of matter.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Why would combining a camera with a cell phone in a smartphone pass the test for non-obviousness, whereas putting wheels from a chair onto an office cart would not?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "The technology in a smartphone is much more complicated.", | |
| "B": "Putting wheels from a chair onto a cart is less difficult.", | |
| "C": "Combining a camera and a cell phone produced an unexpected result." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Of the three criteria for patenting, which is the most difficult to surmount?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Utility.", | |
| "B": "Novelty.", | |
| "C": "Non-obviousness." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "For which of the following are plant patents granted?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Bioengineered plants.", | |
| "B": "Naturally grown plants that are distinctively different.", | |
| "C": "Plants that are asexually cultivated, not grown from seeds.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What are the three patentability criteria for plant patents?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Novelty, utility, and non-obviousness.", | |
| "B": "Novelty, distinctiveness, and non-obviousness.", | |
| "C": "Novelty, beauty, and non-obviousness." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What are design patents granted for?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Functional designs for manufactured items, like the shape of a chair.", | |
| "B": "Ornamental designs for items of manufacture, like the fabric design of a chair.", | |
| "C": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What are the three patentability criteria for a design patent?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Novelty, utility, and non-obviousness.", | |
| "B": "Novelty, beauty, and non-obviousness.", | |
| "C": "Novelty, ornamentality, and non-obviousness." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "By what percentage are filing fees reduced if the applicant is on of the following:", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Universities, non-profits, and small businesses with fewer than 500 employees.", | |
| "B": "Those with gross income less than three times U.S. median household income or meet other certain critera." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the advantage of a provisional patent application, which lasts only one year?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "It is less expensive.", | |
| "B": "It is not subject to examination.", | |
| "C": "It grants an early filing date while the inventor continues working on the invention.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the main disadvantage of a provisional patent application?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "It reserves an early filing date for a later, nonprovisional application.", | |
| "B": "The claims in a later, nonprovisional application must be completely consistent with the early description contained in the provisional application.", | |
| "C": "The provisional patent only contains the specifications, and drawings, if any.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the most critical part of a patent application that determines both the inventor’s rights and an infringer’s liability?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "The claims.", | |
| "B": "The specification.", | |
| "C": "The drawings.", | |
| "D": "The abstract." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is the best strategy in drafting claims in a patent application?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Draft them as broadly as possible, to cover every possible use of the invention.", | |
| "B": "Draft them as narrowly as possible, so the examiner won’t reject them.", | |
| "C": "Draft them as broadly as the specifications and the prior art allows, then back up those broad claims with successively narrower claims as backup." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In a “first office action,” the examiner usually does which of the following?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Allows all the claims in the patent application.", | |
| "B": "Rejects some claims and/or requests further information.", | |
| "C": "Rejects the entire application." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In a second or subsequent examination, if the examiner finally rejects some or all of the claims, what can the applicant do at that point?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Cancel the rejected claims, leaving only allowed claims.", | |
| "B": "File what’s called a “continuation application.”", | |
| "C": "Appeal to the Patent Trial and Appeal Board.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Responsibility for legally enforcing patents rests with which of the following bodies? ", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "The U.S. Patent and Trademark Office (USPTO)", | |
| "B": "The U.S. Department of Justice.", | |
| "C": "The owner of the patent, suing in a federal civil lawsuit." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Patent owners have which of the following rights under the law?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "The exclusive right to “practice” the patent—meaning the exclusive right to make or sell products based on the patent.", | |
| "B": "The right to exclude others from making, using, offering for sale, selling, or importing the invention covered by the patent throughout the United States.", | |
| "C": "Both of these." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is required in order to infringe a patent?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Intending to infringe the patent.", | |
| "B": "Making, using, or selling the patented invention without authorization.", | |
| "C": "Knowing that the patent exists." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is the legal definition of patent infringement?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "One or more of a patent’s claims match (or “read on”) the features and functions of a device or process.", | |
| "B": "A device or process that performs a “substantially similar” functions to those described in a patent’s claims.", | |
| "C": "Both of the above are correct." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following illustrates the “doctrine of equivalents”?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "If a device performs substantially the same function in substantially the same way as your patent claim, infringement exists if any differences are insignificant.", | |
| "B": "A patent calling for an “adhesive” connection (describing glue as the preferred adhesive) may be infringed by a device using a Velcro® fastener.", | |
| "C": "Both of the above are correct." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "If you believe your patent is being infringed, you have how many options for recourse?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Two. You can sue the infringer in federal court, or ignore the infringement.", | |
| "B": "Three. Besides the two above, you can simply demand he stop infringing.", | |
| "C": "Four. You can sue the infringer, demand he stop infringing and pay monetary damages, offer the infringer a license in return for royalties, or ignore it." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Patent infringement suits can take years and cost millions of dollars. Which of the following is another option patent owners have in seeking redress for infringement?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Litigation financing in exchange for a share of any damages.", | |
| "B": "Out-of-court license and royalty settlements.", | |
| "C": "Contingency lawyers take the case for a share of any damages.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "If you think multiple parties are infringing, what is your best strategy?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Sue them one at a time, so they don’t gang up on you.", | |
| "B": "Pick the one with the biggest pockets, as the settlement will likely be larger.", | |
| "C": "Sue them all simultaneously, and let them sort out their differences." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Should you alert an infringer beforehand that you intend to file suit?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Always. This gives them the opportunity to settle prior to you filing a costly suit.", | |
| "B": "Never. They can then sue you preemptively, giving them the vital initiative in seeking a venue of their choice and a declaratory judgement of noninfringement.", | |
| "C": "Yes, but only if you file suit simultaneously or shortly afterwards." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How often do plaintiffs win at trial?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "60 to 75 percent of the time.", | |
| "B": "80 to 90 percent of the time.", | |
| "C": "40 to 50 percent of the time." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is NOT a valid reason for filing a motion to dismiss once a suit is filed in a federal court?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Improper jurisdiction.", | |
| "B": "Improper venue.", | |
| "C": "Improper (or invalid) patent.", | |
| "D": "Failure to state a proper claim." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is NOT a possible defense in a defendant’s answer to a claim?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "The patent is invalid.", | |
| "B": "The patent is not infringed.", | |
| "C": "The plaintiff waited too long to file suit.", | |
| "D": "The patent covers a nonessential part of the allegedly infringing product." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Why have defendants increasingly turned to post-grant review proceedings at the PTO, such as\n inter partes review, since the America Invents Act was passed in 2011?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "The PTO is less likely to judge that a patent has been infringed.", | |
| "B": "It's quicker than waiting for a trial.", | |
| "C": "The PTO has shown a strong likelihood of finding challenged patents invalid." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What role does discovery play in an infringement case?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Through production of documents and interrogatories, either side may discover information that may be decisive in confirming or rebutting infringement claims.", | |
| "B": "Discovery is often an endless fishing expedition that escalates the costs to both parties exponentially.", | |
| "C": "Both of these describe the role of discovery in an infringement case." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the most critical pretrial phase of every patent infringement case?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Discovery.", | |
| "B": "Summary Judgment.", | |
| "C": "Claims construction (or Markman) hearings.", | |
| "D": "The Verdict." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Why do courts usually seat seven to nine jurors rather than six or twelve in most patent cases?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "You need an odd number of jurors to break a tie vote on the verdict.", | |
| "B": "Six jurors won’t be enough for a legal verdict if one is excused during trial, and twelve jurors will likely take too long to decide the case." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Why are patent trials often thought of as morality plays?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "The facts of the case, not each party’s moral views, are all that matters to a jury.", | |
| "B": "It is immoral to spend $3 million to $10 million on a patent suit.", | |
| "C": "Each party casts itself as in the right and its opponent as doing them wrong." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is the definition of inequitable conduct?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Deceiving or misleading the patent office to grant a patent.", | |
| "B": "Deceiving or misleading a jury during opening arguments.", | |
| "C": "Deceiving or misleading the opposing party during the discovery phase." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What’s the standard for proving willful infringement, leading to enhanced damages?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Selling a product despite knowing that a patent exists that the product might be infringing.", | |
| "B": "Selling a product despite an objectively high likelihood that it infringed a valid patent and that this risk was known or should have been known to the infringer.", | |
| "C": "Deliberately not conducting a prior art search to determine if a patent exists that your product might be infringing." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the standard for imposing attorneys’ fees on the losing party to a patent suit?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Convincing evidence of bad faith or gross negligence by the losing party.", | |
| "B": "A case that “stands out from others” in the weakness of the plaintiff’s case or the unreasonable or abusive manner in which it was litigated." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is often the most serious damage that a court can impose upon an infringer?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "A very large award for monetary damages.", | |
| "B": "Pre- and post judgment interest payments on the damage award.", | |
| "C": "Injunctive relief barring further sales of the infringer’s products." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following explain why patent infringement verdicts are almost always appealed?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "The cost of an appeal is orders of magnitude less than the cost of the trial itself.", | |
| "B": "Legal issues such as claim construction are reviewed de novo - meaning, without regard to the previous trial’s rulings.", | |
| "C": "The U.S. Court for the Federal Circuit, the appeals court, affirms in full less than 60 percent of the patent cases it decides on the merits.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "As an alternative to litigation, mediation is different from arbitration in what way?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Mediations result in settlements only if both parties agree.", | |
| "B": "In arbitrations, the parties are bound by the decision of the arbitrator.", | |
| "C": "Both of these are accurate." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is the definition of a “patent troll”?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "A patent owner who licenses their patents rather than makes or sells products.", | |
| "B": "A patent owner whose main source of revenue is patent litigation.", | |
| "C": "A patent owner whose main source of revenue is “nuisance settlements” for less than the cost of litigation." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A copyright gives authors, artists, dramatists, architects, and other artistic creators the exclusive right to control what?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "How their work is published, reproduced, performed, or displayed.", | |
| "B": "The price at which their work is sold, performed, or displayed.", | |
| "C": "Whether or not the work becomes a classic on art, theater, or literature." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Copyright is made possible by Article 1, Section 8, Clause 8 of the U.S. Constitution, which also gives Congress the authority to do what?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Declare war.", | |
| "B": "Grant patents.", | |
| "C": "Make all laws necessary and proper to enforce copyrights." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Congress and the courts have interpreted the terms “authors” and “writings” very broadly to include which of the following as eligible for copyright? (Choose all that apply)", | |
| "answer": "A C", | |
| "candidates": { | |
| "A": "Graphic works.", | |
| "B": "Novel, non-obvious and useful inventions.", | |
| "C": "Architectural works." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "When is a work considered copyrighted?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Once it is officially registered with the U.S. Copyright Office.", | |
| "B": "Once the U.S. Copyright Office grants an official copyright.", | |
| "C": "Once it is expressed in a tangible form that allows it to be seen or copied." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "There is an extensive examination system for getting a patent approved. Why is there not a similar system in place for copyrights?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "The merit of an artistic or literary work is a wholly subjective determination.", | |
| "B": "Merit has nothing to do with whether or not a creative work is copyrightable.", | |
| "C": "Patent examiners can all agree that an invention is novel, non-obvious and useful, but art critics may never all agree that any one painting is beautiful.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which two public policy goals are served by granting copyrights? (Choose all that apply)", | |
| "answer": "A C", | |
| "candidates": { | |
| "A": "By protecting the property rights of artists to their creations, the wellsprings of creation do not dry up for lack of incentive.", | |
| "B": "Copyrights ensure that artists and writers won’t be taken advantage of.", | |
| "C": "Cultural creativity serves the public good and promotes literacy and learning." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How were copyrights viewed very differently from patent rights in terms of the interests of the general public?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Copyrights were thought to be in less conflict with the public interest.", | |
| "B": "Copyrights were enforced with the same diligence as patent rights.", | |
| "C": "Patent rights were seen as more beneficial to the public than copyrights." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The policy of strong patent rights and weaker copyrights also reflected what differences in the motivations of inventors compared with authors?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Authors were not generally interested in economic gain.", | |
| "B": "Authors were motivated only by the prospect of economic gain.", | |
| "C": "Both artists and inventors sought economic gain, but authors also tended to be rewarded by celebrity and reputational gain as well." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Copyrights began to be formally issued in what part of Europe?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "France in the sixteenth century.", | |
| "B": "England under Queen Anne.", | |
| "C": "The Republic of Venice in the fifteenth century." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Initially, to whom were copyrights given?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Authors.", | |
| "B": "Artists.", | |
| "C": "Printers and publishers." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The copyright granted in 1669 to Jean-Baptiste Lully, director of the Paris Opera, gave him exclusive rights to? (Choose all that apply)", | |
| "answer": "E", | |
| "candidates": { | |
| "A": "All operatic performances.", | |
| "B": "The publication of operatic librettos.", | |
| "C": "The number of musicians who could perform outside the Paris Opera.", | |
| "D": "Bequeath his copyright monopoly to his heirs.", | |
| "E": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How did early copyrights evolve from business monopolies into instruments of censorship and surveillance?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Bookstores sent the authorities records of who purchased what books.", | |
| "B": "Books had to be read and approved by a censor before a permit was granted to print the book." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What did the 1709 Statute of Anne do to copyright practices?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "It required that copyrights be given to multiple printers, not just one monopoly.", | |
| "B": "It enabled copyrights to last as long as 150 years.", | |
| "C": "It enabled anyone to get a copyright lasting 14 years with the right to renew." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In general, early European copyright systems achieved what results?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Created monopolies, high prices, censorship, and wealth for the Crown.", | |
| "B": "Guaranteed authors’ rights.", | |
| "C": "Prevented publishers and printers from exploiting authors and artists." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What was the significance of the landmarkDonaldson v. Beckett case in England?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "It established that copyright was the common law right of publishers.", | |
| "B": "It treated copyright as a limited right of authors for the first time anywhere.", | |
| "C": "It gave Thomas Beckett the right to his own work in perpetuity." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "After Donaldson v. Beckett, copyrights were expanded to include which of the following? (Choose all that apply)", | |
| "answer": "A B", | |
| "candidates": { | |
| "A": "Sheet music, maps, design, and sculpture.", | |
| "B": "Lectures.", | |
| "C": "Inventions." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "At the time of America’s first copyright laws, publications in America were mostly focused on which of the following?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Literary works.", | |
| "B": "Practical guides, newspapers, and almanacs.", | |
| "C": "Poetry." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Given America’s more utilitarian focus in publishing, what was the emphasis placed in the drafting of our first copyright laws?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "To guarantee the rights of authors.", | |
| "B": "To guarantee the rights of publishers and printers.", | |
| "C": "To ensure widespread public access to knowledge and information." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Copyrights for U.S. citizens last for what term?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "28 years.", | |
| "B": "14 years, with the right of renewal.", | |
| "C": "Life-plus 70 years." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The first U.S. copyright law was signed by George Washington when?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "1776", | |
| "B": "1783", | |
| "C": "1790" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How did America’s first copyright law treat the infringement of foreign cultural works?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "It strongly prohibited copyright infringement whether domestic and foreign.", | |
| "B": "It explicitly allowed, even encouraged the piracy of foreign works." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "America would resist all efforts to outlaw the piracy of foreign works for how long?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Until 1810.", | |
| "B": "Until the end of the Civil War in 1865.", | |
| "C": "Until 1891." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "John Barry was the first American to receive a copyright. For which type of work did he receive the copyright?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "A novel.", | |
| "B": "An almanac.", | |
| "C": "A spelling book.", | |
| "D": "A book of poems." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A half century after independence, what proportion of literary works published in America were written by Americans?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "33%", | |
| "B": "65%", | |
| "C": "92%" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What were some of the costs of America’s rampant piracy of foreign books?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "The U.S. was regarded as an publishing outlaw by other countries.", | |
| "B": "American works cost a lot more than pirated foreign works.", | |
| "C": "Domestic American authorship was stunted and delayed as a result.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "When was Harriet Beacher Stowe’s Uncle Tom’s Cabin copyrighted?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "1837", | |
| "B": "1851", | |
| "C": "1861" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Research and historical experience demonstrate that, in the absence of intellectual property rights, nations are bound to face which of the following?", | |
| "answer": "A B", | |
| "candidates": { | |
| "A": "An excessive incentive to copy others.", | |
| "B": "An excessive incentive to invent or create for themselves.", | |
| "C": "An incentive to trade ideas and work freely." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "When did U.S. authors finally become the majority of best-selling authors in the U.S.?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "The mid-19th Century.", | |
| "B": "The early 20th century." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is NOT one of the eight broad categories of copyrightable work?", | |
| "answer": "E", | |
| "candidates": { | |
| "A": "Literary works.", | |
| "B": "Musical works, including any accompanying words.", | |
| "C": "Dramatic works, including any accompanying music.", | |
| "D": "Pantomimes and choreographic works.", | |
| "E": "Creative Ideas.", | |
| "F": "Pictorial, graphic, and sculptural works.", | |
| "G": "Motion pictures and other audiovisual works.", | |
| "H": "Sound recordings.", | |
| "I": "Architectural works." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Why is computer software eligible for copyright?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "It cannot be patented.", | |
| "B": "It is considered to be a literary work, which the Copyright Act defines as a work expressed in words, numbers, or other symbols that is creatively compiled.", | |
| "C": "It is able to display artistic or literary work on a TV or in an e-book." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the difference between ideas and their expression under copyright law.", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "You can’t copyright an idea for a movie, but you can patent it.", | |
| "B": "Ideas are just thoughts, not matter how creative. You can’t copyright thoughts.", | |
| "C": "You cannot copyright an idea for a space opera, but you can copyright Star Wars—the original expression of a space opera idea put to paper or film." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following may be copyrightable?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "A mathematical formula.", | |
| "B": "Facts that you have discovered through research.", | |
| "C": "A compiled Chinese-American phone book that uses facts." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Other than being one of the eight broad categories of creative content, which is NOT one of the other four things a copyrighted work must be.", | |
| "answer": "E", | |
| "candidates": { | |
| "A": "Original.", | |
| "B": "Expressed or fixed on a tangible medium that can be seen or copied.", | |
| "C": "Authored or creatively compiled.", | |
| "D": "Not a fact or abstract idea.", | |
| "E": "Culturally worthwhile." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How many exclusive rights does a copyright owner have?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "5", | |
| "B": "6", | |
| "C": "8" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "If the copyright in a work lasts for 95 years from first publication, it is copyright for:", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "An individual.", | |
| "B": "A work of two or more authors.", | |
| "C": "A work for hire." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How long will Michael Jackson’s copyrights last? (Note: He died in 2009)", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Until 2025.", | |
| "B": "Until 2079.", | |
| "C": "Until 2110." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the “first-sale” doctrine?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "It states that copyright begins with the first sale of your manuscript to a publisher.", | |
| "B": "It gives you the right to protect the integrity of your work after publication.", | |
| "C": "It terminates your distribution rights after you (or your publisher) sell your work to a bookstore, art gallery, etc." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Registration used to be required for a copyright. When did that requirement end?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "1976, with the passage of the Copyright Act.", | |
| "B": "1909, when Congress passed the Copyright Act of 1909.", | |
| "C": "1989, after the United States joined the international Berne Convention." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "If attorneys could demonstrate in court that Kanye West “sampled” or used pieces of Sly Johnson’s song “Different Strokes” in a song called “The Joy,” this would be evidence of what kind of copyright infringement?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Comprehensive nonliteral similarity.", | |
| "B": "Fragmented literal similarity." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In 2015, a federal jury found Robin Thicke and Pharrell Williams guilty of copyright infringement of soul singer Marvin Gaye’s “Got to Give It Up.” They found that their song “Blurred Lines” demonstrated what form of copyright infringement?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Comprehensive nonliteral similarity.", | |
| "B": "Fragmented literal similarity." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In addition to the $5.3 million jury award, why was the Thicke and Williams copyright infringement case considered to be so significant within the music industry?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "It shows that you can’t get away with stealing other people’s work.", | |
| "B": "The verdict seemed ironic in light of Williams’s smash hit “Happy.”", | |
| "C": "It challenged the growing practice in music of incorporating elements, features, themes, and even the “feel” and “mood” of the work of other artists and genres." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The jury’s decision also drew criticism from many copyright and music experts. Why?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "The $5.3 million award was thought to be outrageously large.", | |
| "B": "Critics said that although Marvin Gaye may have been the Prince of Soul, he didn’t own a copyright to the whole genre.", | |
| "C": "Not a single word, melody, or beat from Gaye’s song was actually copied." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In what way has the Marvin Gaye case already made musicians and producers more cautious?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Singers are more willing to license the work of previous artists from whom they gain “look and feel” ideas and inspiration.", | |
| "B": "Sam Smith granted Tom Petty songwriting credit and royalties to Smith’s song “Stay With Me,” which bore a resemblance to Petty’s hit “I Won’t Back Down.”", | |
| "C": "Both of these are accurate." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following are NOT one of the types of damages that copyright owners may receive if their work is infringed?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Actual.", | |
| "B": "Punitive.", | |
| "C": "Statutory." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "If someone willfully infringes your copyrighted work for commercial advantage or private financial gain, what may he or she also face?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Treble damages.", | |
| "B": "Criminal penalties of up to five years in prison for a first offense, and ten years for a second offense.", | |
| "C": "An order to publicly apologize for the infringement." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Sometimes the copyright owner’s most important remedy for infringement will be an injunction. Why?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "It immediately stops the infringer from continuing to make money from work that infringes your copyright.", | |
| "B": "It puts the infringer in jail where he cannot commit more infringement." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Fair use allows for the copying and use of copyrighted material for all EXCEPT which specific purpose?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Criticism and comment.", | |
| "B": "News reporting.", | |
| "C": "Teaching or research.", | |
| "D": "Political organizing." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "One of the four factors considered in whether the copying or use of a copyrighted work is considered to be fair use is “the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.” Which of the following would likely be considered fair use?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "A profit-making magazine like\n Vanity Fair\n publishes a book review that quotes several thousand words of the copyrighted book being reviewed.", | |
| "B": "A nonprofit university distributes copies of two chapters of a copyrighted textbook to its students so they don’t have to buy the textbook itself." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What major change in copyright law was NOT made in the Copyright Act of 1976?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "It extended copyright to performances via cable television.", | |
| "B": "It prohibited the unauthorized rental or lease of computer software programs.", | |
| "C": "It codified fair use into the statutes." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The Digital Millennium Copyright Act of 1998 made it a crime to circumvent digital rights management (DRM) measures that control access to digital music and ebooks as a means of preventing piracy. So why are so many listeners, readers, and book and music publishers voluntarily abandoning DRM measures?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "It prevents people from sharing their digital music and e-books with friends and family, like they can with regular music CDs and printed books.", | |
| "B": "DRM measures alienate consumers and limit their choices.", | |
| "C": "The elimination of DRM measures will grow the market for digital books and music much more rapidly.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Why was the Sonny Bono Copyright Term Extension Act of 1998 so controversial?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "It put all of Sonny and Cher’s formerly copyrighted music into the public domain.", | |
| "B": "It reduced the copyright term to that favored by the Founding Fathers—28 years.", | |
| "C": "It extended copyright an additional 20 years to the life of the author plus 70 years." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "On December 16, 2015, the Copyright Royalty Board changed the royalty rates paid by music services like Pandora. What change was made?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "The board reduced the rate from 14 cents per 100 songs played to 11 cents.", | |
| "B": "The board raised the rate to 17 cents per 100 songs played.", | |
| "C": "The board raised the rate to 20 cents per 100 songs played." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following alternative channels for licensing copyright never allows users to change, modify, or reuse original content?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Open source software licensing.", | |
| "B": "Open access publishing.", | |
| "C": "Creative Commons licenses." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Changes to copyright law in the future are likely to focus on which issues?", | |
| "answer": "E", | |
| "candidates": { | |
| "A": "Reducing or eliminating DRM.", | |
| "B": "Adjusting to new advances in digital technology.", | |
| "C": "Enabling and regulating a secondary market for digital content.", | |
| "D": "Shortening copyright term.", | |
| "E": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the purpose of the intellectual property right we call a trademark?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "To protect the inventions of businesses.", | |
| "B": "To indicate the origin of goods or services.", | |
| "C": "To reward businesses for their creative works." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is NOT true of trademarks?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "They protect the public by preventing confusion or deception about the source of goods and services.", | |
| "B": "They protect the market reputation and goodwill of the producers of goods.", | |
| "C": "They are granted at the moment of creation.", | |
| "D": "They are excellent marketing and advertising tools." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How much did Nike pay a graphic designer in 1971 to produce its swoosh logo now estimated to be worth as much as $20 billion?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "850000", | |
| "B": "25000", | |
| "C": "35" | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What value do trademarks provide society?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "They encourage and reward creative enterprise.", | |
| "B": "They marshal the benefits of this creativity to the public good.", | |
| "C": "They protect the consumer from deception.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the legal foundation for federal trademark law?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "The Commerce Clause of the U.S. Constitution.", | |
| "B": "Article 1, Section 8 of the U.S. Constitution.", | |
| "C": "State laws." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How are trademarks different from patents and copyrights?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "They are not limited in duration.", | |
| "B": "They do not hinder the sale of similar products and services by others.", | |
| "C": "They cannot be obtained by mere adoption, but only through commercial use.", | |
| "D": "All of the above are true statements." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Why did trademarks not emerge until the start of widespread trade in the Bronze Age?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "There was no government agency to register trademarks before that time.", | |
| "B": "That was when written records of trademarks could be printed.", | |
| "C": "Widespread trade requires a certain level of public trust in the provenance and quality of goods, which trademarks helped to build." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Besides indicating the source of a good or service, how did trademarks change with the emergence of guilds in the Middle Ages?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "The guilds issued trademarks only to their own members.", | |
| "B": "They became a means by which guilds could ensure the quality of work done by guild members.", | |
| "C": "The guilds started charging money to issue a trademark." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is one of the oldest trademarks still in existence?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "The Royal Dutch Tulip Company.", | |
| "B": "Wedgewood china.", | |
| "C": "Löwenbräu Brewery." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the significance of an old lawsuit known as Sanforth’s Case?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "It proves that 250 years before the Industrial Revolution, trademark infringement was viewed as deceit and a violation of laws against unfair competition.", | |
| "B": "It is the first trademark infringement case known to be recorded.", | |
| "C": "It serves as the foundation for modern trademark laws and policies.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What caused U.S. trademark laws to evolve from a patchwork of state laws into a unitary federal trademark system?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "The Industrial Revolution transformed America’s many local and regional markets into a unified national economy.", | |
| "B": "Producers of goods and services began to grow into national entities.", | |
| "C": "State laws often conflicted with each other.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Why were the first two national trademark laws ruled unconstitutional by the Supreme Court?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "The court ruled that they infringed on non-trademark owners’ first amendment rights to free speech.", | |
| "B": "The court ruled in 1879 that the patent and copyright clauses of the Constitution gave Congress no authority to regulate trademarks.", | |
| "C": "The court ruled that they were too vaguely written." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What was the chief weakness of the Trade Mark Act of 1881?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "It only regulated the trademarks used in commerce with other nations and with Indian tribes.", | |
| "B": "It only allowed for the registration but not the enforcement of trademarks.", | |
| "C": "It derived its authority from the Commerce Clause of the U.S. Constitution." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The Lanham Act is the principal federal law on trademarks in the United States. Which of the following was NOT a feature of trademark law enacted by the act?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "It broadened the national system of trademark registration.", | |
| "B": "It set the trademark renewal period.", | |
| "C": "It required registration of trademarks before owners could gain access to the federal courts for redress.", | |
| "D": "It established remedies in the case of infringement." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "When does federal law create a presumption of trademark abandonment?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "When its owner ceases to use it in commerce.", | |
| "B": "When its owner ceases to employ it throughout the national territory of the United States.", | |
| "C": "When its owner ceases to use the trademark in commerce for three or more years." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Of the four individual types of marks, what does a trademark identify?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Services provided to either consumers or other businesses.", | |
| "B": "Physical goods or commodities that are manufactured, produced, grown, or that exist naturally.", | |
| "C": "Both of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A collective mark identifies a trademark owned by a member of a certain organization. True or False?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "True.", | |
| "B": "False." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A certification mark indicates what?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "The certified or verified origin of a product or service.", | |
| "B": "A product or service that meets certain standards or requirements." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A trademark may be a word (or phrase), name, symbol, or device. Which of these do the following trademarks represent?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Chanel handbags.", | |
| "B": "The MGM lion’s roar.", | |
| "C": "Tiffany’s blue color.", | |
| "D": "The power-on chime in Apple’s Mac computers." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Why has no company been able to gain trademark protection for “87 Octane” as a brand of gasoline?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "It’s a number.", | |
| "B": "It’s not trade dress.", | |
| "C": "It doesn’t indicate the origin of the gas—whether Exxon, Shell, or another company." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What’s the difference between a design protected as a trademark and trade dress?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "A trademark-protected design consists of a discrete symbol or logo on the product or service, whereas trade dress is its overall “look and feel.”", | |
| "B": "A trademarked trade dress covers a product or service’s overall features like its size, shape, and color combinations rather than a particular symbol or design.", | |
| "C": "Both of these." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In what way are trademarked designs and trade dress similar to design patents?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "All three protect the unique look of a company’s products from being infringed.", | |
| "B": "All three protect only the nonfunctional elements of the product’s appearance.", | |
| "C": "Both of these." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is the trademark world’s corollary to novelty in patents?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Non-obviousness.", | |
| "B": "Distinctiveness.", | |
| "C": "Originality." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Of the following five categories of marks—fanciful, arbitrary, suggestive, descriptive, and generic—which one of them can never be protected as a trademark?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Descriptive.", | |
| "B": "Generic.", | |
| "C": "Fanciful." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which kind of mark is owned by the following companies?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Apple.", | |
| "B": "Xerox.", | |
| "C": "Coppertone.", | |
| "D": "Windows." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Why was the store Toys “R” Us able to gain trademark protection for its name, even though “toys” is a generic word used by thousands of toy stores nationwide?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Because Toys “R” Us was the first to use the name “toys” and thus has priority.", | |
| "B": "Because Toys “R” Us was the first to use the name nationwide.", | |
| "C": "Because of the fanciful spelling of its name." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Why did “Cellophane” and “Aspirin” lose their trademarks", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "The original companies making these products went out of business.", | |
| "B": "The public came to associate the name with an entire category of similar products." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What are some of the bars to getting a trademark?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "The prior use bar.", | |
| "B": "The functionality bar.", | |
| "C": "Subject matter bars.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "If geographic marks that are deceptively misdescriptive are ineligible for trademark protection, then why was Amazon able to gain trademark protection for its name, which refers to a geographic area of South America?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "The name “Amazon” is not indicative of the geographic source of the retailer’s goods, nor do consumers think those goods come from the Amazonian region.", | |
| "B": "The name “Amazon” is not a factor in whether or not consumers decide to purchase books, clothing, electronics, or anything else from the company.", | |
| "C": "Amazon’s brand stands for low prices and great customer service, not for anything of a geographic nature.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "As with copyrights, trademarks do not have to be registered with the federal government, but doing so gives their owners all of the following additional rights EXCEPT for which one?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "The exclusive right to use the mark in their geographic area of business.", | |
| "B": "The ability to seek assistance from the U.S. Customs and Border Protection Service in preventing the importation of infringing foreign goods.", | |
| "C": "The exclusive right to use the mark nationwide.", | |
| "D": "The right to use the federal registration symbol ® instead of the ™ symbol." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "You can’t file a trademark registration application unless you are currently engaged in business.", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "True.", | |
| "B": "False." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following explains why a trademark owner may assign it to another?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "A business name change.", | |
| "B": "A bankruptcy proceeding.", | |
| "C": "As collateral for a loan.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How does trademark infringement harm consumers?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "By confusing consumers about the source of goods or services.", | |
| "B": "By allowing others to “palm off” lower-quality knockoffs in place of the high-quality goods they are seeking to buy.", | |
| "C": "By damaging trust between consumers and providers of goods and services.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How is the “similarity” between two marks in a trademark infringement case determined?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "By examining each individual component of a mark and seeing if another mark uses individual components that are similar.", | |
| "B": "By examining the totality of the two marks as seen and experienced by the consumer in the context of the goods or services on which they are used and seeing if they are similar enough to cause confusion or deception." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is trademark dilution as opposed to trademark infringement?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Dilution occurs when a mark famous to the general American public is blurred or tarnished by a similar mark, regardless of whether that mark is used on similar goods or services.", | |
| "B": "Dilution occurs when a trademark grows weaker in the minds of consumers as a result of its owner not advertising or featuring it prominently enough on products." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is true about trademark remedies?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Damages can be significantly increased if trademark infringement is deemed willful.", | |
| "B": "Courts frequently use injunctions based on trademark law to stop the importation of products that once carried infringing marks even after those marks have been removed.", | |
| "C": "Federal trademark law also provides for punitive damages for trademark infringement." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "A party may be permitted the fair use of another’s trademark under two conditions, known as nominative fair use and classic fair use. Which of the following is an example of nominative fair use?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "When a business compares its products with those of a competitor, with no intent to confuse customers as to the source of the competitor’s goods.", | |
| "B": "When a trademark of another is used to refer to that other’s goods or services in legitimate connection with one’s own, such as a notice on the packaging of a small company’s graphic design program that it can run on the Microsoft Windows operating system.", | |
| "C": "Both of the above are correct." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Unlike patents and trademarks, the law requires that intellectual property consisting of trade secrets not be publicly disclosed. True or False?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "True.", | |
| "B": "False." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following best describes a trade secret?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Information that many people do not know about how a product like a smartphone is made.", | |
| "B": "Virtually any information that is of value as a result of not being generally known.", | |
| "C": "Any information relating to the finances of a publicly held company." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Trade secret theft or misappropriation costs the world’s richest 40 nations approximately how much of their gross domestic product, or GDP, each year?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "1 to 3 percent.", | |
| "B": "4 to 6 percent.", | |
| "C": "7 to 10 percent." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What are the two main requirements for information to be protectable as a trade secret?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "It must be novel and non-obvious.", | |
| "B": "It must be original and expressed in a tangible form that can be seen or copied.", | |
| "C": "It must be not generally known by others, and it must have been subject to reasonable efforts to avoid public disclosure." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is one key advantage of trade secret protection versus patent protection?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "It protects the information to be kept secret indefinitely.", | |
| "B": "It prevents others from ever independently deriving the same information.", | |
| "C": "Both of the above are correct." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "If you invent faster-than-light travel but believe someone will be able to reverse engineer it by examining your starship, should you patent it or keep it as a trade secret?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Keep it as a trade secret.", | |
| "B": "Patent it." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What did the Supreme Court note in the case of\n Bonito Boats v. Thunder Craft Boats?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "One cannot legally misappropriate trade secrets.", | |
| "B": "Nobody is above the law, not even a trade secret owner.", | |
| "C": "The holder of a trade secret does not have protection against reverse engineering." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "If information is protected as a valid trade secret, a competitor can be stopped from using it no matter who he obtained it from. True or False?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "True.", | |
| "B": "False." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Trade secret protection is guaranteed by the federal government. True or False?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "True.", | |
| "B": "False." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "In which country did trade secret law first originate in the early 1800s?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "France.", | |
| "B": "The United States.", | |
| "C": "England." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What impact did the Uniform Trade Secrets Act (UTSA) of 1979 have on trade secret protection in the United States?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "It was the first trade secret law binding on every state.", | |
| "B": "It served as a model that was adopted by 48 of the 50 U.S. states.", | |
| "C": "It served as a model that was adopted by every state." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following best describes the problem with the current lack of uniform federal protection of trade secrets?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "There is no real protection against misappropriation of trade secrets.", | |
| "B": "The protections against trade secret theft are very uneven.", | |
| "C": "A federal trade secret law would merely replicate state protections." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following could be considered a trade secret so long as reasonable steps had been taken to prevent its disclosure?", | |
| "answer": "D", | |
| "candidates": { | |
| "A": "Sales information.", | |
| "B": "Customer lists.", | |
| "C": "Manufacturing techniques.", | |
| "D": "All of the above." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Is information not known to the public considered to be a trade secret?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Yes.", | |
| "B": "No.", | |
| "C": "It depends." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Would a customer list always be considered a trade secret?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "It depends on whether the customers want to be identified or not.", | |
| "B": "To be considered a trade secret, the names of customers must not be available or discernable through public sources." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Can a mere idea be considered a trade secret?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "No. Just as you cannot patent or copyright a mere idea, you cannot protect a mere idea with a trade secret.", | |
| "B": "Yes. Under the Uniform Trade Secrets Act, even an idea can sometimes be considered a trade secret." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "To gain trade secret protection, what must the owner do with confidential information?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "Publicize it as widely as possible.", | |
| "B": "Not disclose it.", | |
| "C": "Take active steps to keep the information secret." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What are the benefits of developing a written trade secret plan?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "It serves as a policy manual that prevents situations in which unwritten rules are followed and security procedures are ignored.", | |
| "B": "In the event of litigation, it can serve as proof that you took active steps to keep the information secret.\n ", | |
| "C": "Both of these." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "How should companies handle written trade secrets?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Shred them.", | |
| "B": "Mark them “secret” or “confidential,” among other measures taken.", | |
| "C": "Never store them on a computer." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of these is an example of “passive disclosure” of a trade secret?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "Leaving confidential documents lying around for anyone to see.", | |
| "B": "Inadvertently disseminating information at trade shows or conferences.", | |
| "C": "Disclosing confidential information in press releases, newspaper articles, or marketing collateral." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What is one way to guard against the active disclosure of trade secret information?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Prevent employee attendance at trade shows and seminars.", | |
| "B": "Appoint a trade secret committee to approve publications, speeches, and marketing collateral prior to disclosure.", | |
| "C": "Avoid meeting with prospective buyers, customers, or licensees." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "Which of the following is NOT an example of misappropriation of a trade secret?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Acquisition of a trade secret through improper means.", | |
| "B": "Deliberate disclosure of a trade secret by the trade secret owner.", | |
| "C": "Disclosure of a trade secret without consent." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The UTSA not only prohibits the actual disclosure or use of a trade secret, it also protects against the “threatened” disclosure of trade secrets. When might a court intervene to stop a “threatened” disclosure before the actual disclosure takes place?", | |
| "answer": "C", | |
| "candidates": { | |
| "A": "An employee goes to work for another company in a different industry.", | |
| "B": "An employee caught embezzling is fired and the employer believes the same lack of morals will lead to the fired employee disclosing trade secrets.", | |
| "C": "An employee goes to work for an arch competitor in a comparable job position." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "The burden of proof in a threatened trade secret misappropriation case lies with whom?", | |
| "answer": "A", | |
| "candidates": { | |
| "A": "The trade secret owner.", | |
| "B": "The former employee who leaves to go work for a competitor.", | |
| "C": "The competitor, who must prove he did no wrong by hiring the ex-employee." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What remedies does the UTSA provide for the misappropriation of trade secrets? (Choose all that apply.)", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "Criminal penalties of up to five years for a first offense.", | |
| "B": "Statutory damages.", | |
| "C": "Injunctive relief.", | |
| "D": "Exemplary damages.", | |
| "E": "Attorneys’ fees." | |
| } | |
| }, | |
| { | |
| "language": "en", | |
| "problem": "What remedies were imposed in the case of Mattel, Inc. v. MGA Entm’t, Inc. in 2013?", | |
| "answer": "B", | |
| "candidates": { | |
| "A": "An injunction barring a new employer from hiring the former employee of the trade secret owner.", | |
| "B": "$85 million in exemplary (punitive) damages awarded to the trade secret owner." | |
| } | |
| } | |
| ] |