Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

7th Sem > Tdmk > Flashcards

Tdmk Flashcards

1
Q

Goal of IPR

A

Promote, encourage and reward

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

WIPO IPR definition

A

A2(viii),
1. Literary, artistic and scientific works
2. Performances, phonograms
3. Inventions
4. Industrial designs
5. Trademarks, service marks
6. Protection against unfair competition

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

RC Cooper v. UOI

A

Highest right of a person in relation to a tangible or intangible object

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Article 300A

A

Right to property includes right to intangible property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Entertainment Network v. Super Cassette industries

A

Owner of copyright has right akin to owner of tangible property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Theories for justification of IPR

A

Utilitarian, Labour, Personality, Social Planning

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Bayer Corporation v. UOI

A

Intellectual property described as “knowledge goods”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

WIPO Convention

A

1967
Established WIPO which has the status of a specialised agency of the UN, objective is to cooperate between states and between IPR unions established by WIPO administered treaties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Functions of WIPO

A

Normative, program, classsification and standardisation, registration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Organs of WIPO

A

GA, Conference, Coord Comm, Int Reg and Classification System, Arb and Med Centre

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Berne Convention

A

1886, first multilateral convention on copyright, protect literary and artistic works with a wide scope
National treatment and automatic protection (economic and moral rights too)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Paris Convention for the protection of industrial property

A

1883, Includes, patents, trademarks, service marks, IDs, etc.
National Treatment and Right of priority (6 months for marks)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Paris convention common rules

A

Registrations in different countries are independent even for lapses
Must be accepted in other countries if accepted in origin unless infringed third parties, not distinctive, would confuse, etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Madrid agreement and the protocol

A

1891 and 1989, one application filed with International Bureau of WIPO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

TRIPS Agreement

A

1994, to promote effective trade
General provisions and basic principles
Standards of availability, scope and use
Enforcement of IPR
Acquisition and maintenance of IPR
Dispute prevention and settlement
Transitional arrangements
Institutional arrangements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

TRIPS on trademarks

A

What are eligible, minimum rights, well-known, licensing and assignment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Trademark Law Treaty

A

Harmonisation of registration procedures
Application of registration
Changes after registration
Renewal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Cadbury India Limited v. Neeraj Food Products

A

Protection trademark’s goodwill and consumer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

History of trademark law

A

Indian Merchandise Act, 1889
SRA 1977
Trademarks Act, 1940
Trade and Merchandise Marks Act, 1958

20
Q

Trademark Act, 1999

A

Increasing globalisation, simplification and harmonisation, TRIPS agreement
Came into force on September 15, 2003

21
Q

Essentials of trademark

A
  1. Must be a mark
  2. Capable of being represented graphically
  3. Cable of distinguishing the goods and services of one from another
22
Q

Brand

A

Symbols branded on goods

23
Q

Devices

A

Pictorial representation

24
Q

Label

A

Ringed on paper, pasted and attached to goods

25
Q

Capable of being represented graphically

A
  • paper form
  • no need of supporting samples to explain it
  • only graphical would also suffice to represent mark
  • reasonably discern the purpose of trademark
26
Q

Non-traditional marks

A

Smell marks, Sound marks, Taste marks, Colour marks, Moving imaged/holograms, 3D

27
Q

Certification trademark

A

In the course of trade which are certified by the proprietor

28
Q

Collective Trademark

A

Members or association of persons

29
Q

Carrefour v. Subburaman

A

(I) developed goodwill and reputation in several countries
(II) secured registrations in many countries in many products
(III) trademark registered in India since long time

30
Q

Who can apply for registration

A

Any person owning a mark
Single application for multiple classes

31
Q

Place of filing

A

Local trademark registry, if more than one proprietor then place of operation or shares

32
Q

Absolute grounds for registration

A
  • not distinctive
  • used in trade for quality, source etc.
  • become customary usage
  • deceives public
  • hurts religious sentiments
  • scandalous or obscene
  • emblems and names
33
Q

Distinctiveness

A

inherently capable of distinguishing or adapted to distinguish, without prompting should be able to identify,
extent and period of use
goodwill and association in the minds of.Consumers
Investments on advertisements
Recognition In trade circles

34
Q

Classification of registerability

A

Generic p
Descriptive
Suggestive
Arbitrary
Fanciful

35
Q

Relative grounds of refusal

A
  • identity with earlier trademark and similarity of goods/services
  • similarity of goods/services
  • identity or similarity with well known trademarks
36
Q

EBC v. DB Modak

A

Hard work that goes into derivative work must be acknowledged, copyright

37
Q

Cadbury India Limited v. Neeraj Food Products

A

Similar colour scheme,name and packaging likely to cause confusion, deceptively similar, especially since main demographic is kids

38
Q

Novartis AG v. Cipla Ltd.

A

Patent doesn’t have to be manufactured in India to be worked in India, can be imported

39
Q

Microsoft Corp. v. Kurapati Venkatesh Jagadish Babu

A

Microsoft is a well known trademark

40
Q

Lakshmi Kant Patel v. Chetanbhat Shah

A

Essentials of passing off are goodwill, misrepresentation, likelihood of damages

41
Q

Rolex SA v. Alex Jewelry

A

For prior use there must be continuous use, Rolex is a well-known brand

42
Q

Imperial Tobacco Co. v. The Registrar of Trademarks

A

“Simla” is a popular geographical location

43
Q

Timken Company v. Timken Services

A

Mere concurrent use not enough, must be honest and unaware

44
Q

Toyota Jodisha v. Deepak Mangal

A

Likelihood of confusion must be territorial as well

45
Q

Neon Labs v. Medical Technology

A

Prior use

46
Q

Nandhini Deluxe v. Karnataka Co-op Milk Producers

A

Both not in the same field of business and Nandini milk had no plan of expanding business into other classes

47
Q

Gujarat Bottling Company v. Coca Cola

A

Prior franchising agreement not superseded by subsequent user registration agreement

7th Sem (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions