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Q99 (CDS-I/2017) Polity & Governance › Governance, Policies & Social Justice › Economic governance laws Answer Verified

Which one of the following intellectual property rights is protected without making any registration?

Result
Your answer: —  Â·  Correct: A
Explanation

In India, Copyright is the only intellectual property right among the options that is protected automatically upon the creation of the work without the mandatory requirement of registration [2]. Under the Copyright Act, 1957, protection for original literary, dramatic, musical, and artistic works is granted from the date of their inception [4]. While registration is optional and serves as prima facie evidence in court, it is not a prerequisite for claiming infringement [1]. In contrast, Patents, Industrial Designs, and Trademarks generally require formal registration with the Office of the Controller General of Patents, Designs and Trademarks to secure statutory protection [4]. Specifically, the Patents Act, 1970 and the Designs Act, 2000 mandate registration for legal recognition [4]. Although unregistered trademarks can seek remedies under the common law of 'passing off', statutory trademark rights are only acquired through registration under the Trade Marks Act, 1999 [3].

Sources

  1. [4] https://www.nitap.ac.in/storage/pdf/f63d0ea9127821f83a5a4ad9f1531be8-10-04-11of%20IPR.pdf
  2. [1] Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 13: International Organizations > 13.8 Intellectual Property Rights (IPR) > p. 385
  3. [3] Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 13: International Organizations > 13.8 Intellectual Property Rights (IPR) > p. 386
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SIMILAR QUESTIONS

CDS-I · 2020 · Q117 Relevance score: -2.21

The formulation of policy with respect to Intellectual Property Rights (IPRs) is the responsibility of

CDS-II · 2009 · Q74 Relevance score: -2.91

Consider the following statements in respect of protection of copyright in India I. Copyright is a legal right given to creators of literacy, dramatic, musical and artistic works and produces of cinematograph films and sound recordings. II. Copyright protects only the expression and not the ideas. There is no copyright in an idea. Which of the statements given above is/are correct?

IAS · 2002 · Q22 Relevance score: -3.11

Consider the following statements: 1. The World Intellectual Property Organisation (WIPO) is a specialised agency of United Nations System of Organisations 2. WIPO has its headquarters at Rome 3. The Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement is binding on all WTO members 4. Least developed country members of WTO are not required to apply the provisions of TRIPS Agreements for a period of 20 years from the general date of application of the Agreement Which of these statements are correct?

IAS · 2019 · Q57 Relevance score: -3.61

Consider the following statements : 1. According to the Indian Patents Act, a biological process to create a seed can be patented in India. 2. In India, there is no Intellectual Property Appellate Board. 3. Plant varieties are not eligible to be patented in India. Which of the statements given above is/are correct?