Intellectual Property - GS questions based on daily current affairs

1)   Compulsory Licensing is

a. Manufacturing, selling or importing a patented invention without the permission of the patent-owner.
b. Manufacture or sell products only on acquiring license from the government
c. Manufacture, sell or import products through government’s permission but no licensing required
d. None of the above
Answer  Explanation 

ANSWER: Manufacturing, selling or importing a patented invention without the permission of the patent-owner.

Explanation:

  • Compulsory licensing (CL) relates to the government allowing entities to manufacture, use, sell or import a patented invention without the permission of the patent-owner.
  • Under a compulsory license, an individual or company seeking to use another's intellectual property can do so without seeking the rights holder's consent, and pays the rights holder a set fee for the license. This is an exception to the general rule under intellectual property laws that the intellectual property owner enjoys exclusive rights that it may license – or decline to license – to others.
  • Indian patent act ensures that patentee should not be able to enjoy a monopoly for the importation of the patented article.
  • Also the Indian patent act provides measure by means of CL to ensure that patents do not impede the protection of public health and nutrition and patent rights are not abused by the patentee.
2)   Which of the following sector/sectors comes under intellectual property?

1) Patents
2) Trade secrets
3) Trademarks

a. 1, 3
b. Only 1
c. 1, 2
d. All of the above
Answer  Explanation 

ANSWER: All of the above

Explanation:

  • Intellectual Property includes Patents, Copyrights, Trademarks and Trade Secrets.
  • The U.S. was ranked first in intellectual property index, followed by the UK, Germany, France and Sweden. India’s peers in the BRICS grouping were all ranked ahead with Russia ranked 20th, China (22nd), South Africa (26th) and Brazil (29th). The 38 economies benchmarked in the 2016 Index accounts for nearly 85 per cent of the global GDP.
  • The Index - produced by the Chamber’s Global Intellectual Property Center (GIPC) - is based on 30 criteria critical to innovation including patent, copyright and trademark protections, enforcement, and engagement in international treaties, the Chamber said. India remains at the bottom of the Index for the fourth year in a row, the GIPC report said.

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