MCQ 7 Dec 2023

Daily Static MCQs for CLAT Prelims Exams - (7 December 2023)

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings. A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how - or whether - the invention can be used by others. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document. A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times when artisans used to put their signature or "mark" on their products. An industrial design constitutes the ornamental or aesthetic aspect of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or colour. Geographical indications and appellations of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin. Most commonly, a geographical indication includes the name of the place of origin of the goods. Trade secrets are IP rights on confidential information which may be sold or licensed. The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.

Question1:- A piece of code is programmed by R for computer software. Which of the following IPR protections can be sought by R for such a code of the software?
  • A. The code shall be protected by way of patent protection.
  • B. The code shall be protected by trademark protection.
  • C. The code shall be protected by copyright protection.
  • D. The code shall be protected by industrial design protection.
Answer is C is correct. The copyright law of India protects software or computer programmes as "Software work" under the category of "Literary works" as per the Copyright Act. Copyright safeguards the expression of the author whereby the copyright in software will protect the creativity in the code functions that software performs in the computer. Therefore, Option C is the correct answer.
Question2:- David Aguilar Amphoux’s passion for LEGO led him to self-build his own fully-functional prosthetic arm using LEGO bricks. He wishes to protect his invention’s ingenuity and technical know-how in exchange for the IPR protection. Which of the following categories of IPR protection will his invention fall under?
  • A. Geographical indication
  • B. Trademark
  • C. Trade Secret
  • D. Patent
Answer is D is correct. The prosthetic arm made by the inventor shall be protected under the protection umbrella of patents. This allows the inventor/ patent-owner to make technical know-how about the invention publicly available in the published patent document in lieu of the patent protection. Therefore, Option D is the correct answer.
Question3:- A restaurant has achieved substantial success over the years due to an unrevealed blend of spices that provides a unique taste to their chicken products. Determine what kind of IPR protection shall such a recipe of the blended spices be covered under?
  • A. Geographical indication
  • B. Trade Secret
  • C. Trademark
  • D. Industrial Design
Answer is B is correct. The restaurant’s recipe of the blended spices which provides a unique taste to their chicken products shall be protected under the trade secrets protection regime. Therefore, Option B is the correct answer.
Question4:- Which of the following organisations is responsible for promoting the protection of intellectual property worldwide?
  • A. WIPO
  • B. WTO
  • C. UNDP
Answer is A is correct. The World Intellectual Property Organisation or WIPO is a specialised agency of the UNO (United Nations Organisation) which was created in 1967 to promote intellectual property (IP) protection and encourage creative activity all over the world. Therefore, Option A is the correct answer.
Question5 :- Which of the following safeguards the intellectual property created by designers?
  • A. Copyright
  • B. Registered designs
  • C. Geographical Indications
  • D. Trade Secret
Answer is B is correct. The registration and protection of industrial designs in India is administered by the Designs Act, 2000 and corresponding Designs Rules, 2001. Therefore, Option B is the correct answer.