MCQ 24 Nov 2023

Daily Static MCQs for CLAT Prelims Exams - (24 November 2023)

With the rapid globalisation and opening up of the Indian economy, “Intellectual Capital” has become one of the key wealth drivers in the present international trade. Intellectual property rights have become significantly conspicuous on the legal horizon of India both in terms of new statutes and judicial pronouncements. India ratified the agreement for establishing the World Trade Organization (the “WTO”), which contains the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Indian Statutes, enforcement provisions and methods of dispute resolution with respect to intellectual property (IP) protection are now fully TRIPS-compliant. India recognises the concept of the “Well-known Trademark” and the “Principle of Trans-border Reputation”. A well-known Trademark in relation to any goods or services means a mark that has become so to the substantial segment of the public, which uses such goods or receives such services such that the use of such a mark in relation to other goods and services is likely to be taken as indicating a connection between the two marks. The Trans-border Reputation concept was recognised and discussed by the Apex Indian Court in the landmark case of N. R. Dongre v Whirlpool (1996) 5SCC 714. The Trademark “WHIRLPOOL” was held to have acquired reputation and goodwill in India. The mark “WHIRLPOOL” was also held to have become associated in the minds of the public with Whirlpool Corporation on account of circulation of the advertisements in the magazines despite no evidence of actual sale. Hence, the trademark WHIRLPOOL was held to have acquired a trans-border reputation which enjoys protection in India, irrespective of its actual user or registration in India.

Question1:-Which of the following statements best defines a trademark?
  • A. Trademark resides in literary, dramatic, musical and artistic works in” original’ cinematic films, and in sound recordings set in a concrete medium.
  • B. A trademark is a special right granted to the owner of an invention to manufacture, use, and market the invention, provided that the invention meets certain conditions laid down in law.
  • C. Trademark is a specific sign used to make the source of goods and services public in relation to goods and services and to distinguish goods and services from other entities.
  • D. Trademark is a name or sign used on certain products which corresponds to a geographic location or origin of the product, the use of geographical location may act as a certification that the product possesses certain qualities as per the traditional method.
Answer is C is correct. Option a defines copyright, option b defines patent and option d defines geographical indications (GI), which are distinct intellectual properties from trademarks, as defined under option b. A trademark is a specific sign used to make the source of goods and services public pertaining to goods and services and to distinguish goods and services from other entities. Therefore, option c is the correct answer.
Question2:-Which of the undermentioned options qualify as intellectual property under the Indian law?
1. Plant varieties
2. Industrial design
3. Layout Designs of Integrated Circuits
4. Copyrights
  • A. 1, 2 and 3.
  • B. Only 4.
  • C. 1, 3 and 4.
  • D. All of the above
Answer is D is correct. The Semiconductor Integrated Circuits Layout Design Act, 2000 covers the layout designs of integrated circuits while The Protection of Plant Varieties and Farmers' Right Act, 2001 covers the plant varieties whereas The Designs Act, 2000 covers the industrial designs. Further, copyrights are covered under the The Copyright Act, 1957 for the grant of protection under the status of intellectual property. Therefore, option d is the correct answer.
Question3:-Identify the incorrect statement from among the following statements.
  • A. By the application of the doctrine of fair use, the law of copyright balances private and public interests.
  • B. Copyright law deals with the protection and exploitation of the expression of original ideas in a tangible form.
  • C. Design protection deals with the outer appearance of an article, including decoration, lines, colours, shape, texture and materials.
  • D. Patents suggest to the consumer that the goods come from this area where a given quality, reputation or other characteristics of goods are essentially attributable to the geographic region.
Answer is D is correct. All the aforementioned statements are correct except option d, which incorrectly attributes the characteristics of a geographical indication to patents. Therefore, option d is the appropriate answer.
Question4:-Amyra was the author of a romantic novel who seeks to publish the same. Which of the following IPR protections shall she apply for?
  • A. Patent
  • B. Copyright
  • C. Trademark
  • D. Design
Answer is B is correct. Amyra shall apply for copyright protection as her novel is entitled to be protected under the copyright law as an original piece of literature. The other options except option b are irrelevant in the context of the intellectual property discussed in the question. Therefore, option b is the correct answer.
Question5:-Suman opened a cafe with a special name and logo which gained popularity and goodwill with the masses and soon spread to other cities. However, upon visiting another city, she noticed that a deceptively similar name and logo was used by another cafe owned by Raja. Decide the legal recourse available to Suman.
  • A. Suman can file for trademark infringement against Raja.
  • B. Suman can file for copyright infringement against Raja.
  • C. Suman cannot claim any relief against Raja.
  • D. Suman can file for patent infringement against Raja.
Answer is A is correct. The situation mentioned in the given case is a classic example of trademark infringement. It is neither a patent nor a copyright infringement as the subject matter is a distinct name and logo associated by the public in identifying specifically Suman’s Cafe. Therefore, option a is the appropriate answer.