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22 views11 pages

QB Oba433 Ipr

Uploaded by

Murugesan Karthi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DEPARTMENT OF ELECTRONICS AND

COMMUNICATION ENGINEERING
M.E., VLSI DESIGN

OBA433 - IPR

Prepared by Dr.M.Karthikeyan, Prof./ECE, SSEC Page 1


QUESTION BANK

Name of the Department : VLSI DESIGN

Subject Code & Name : OBA433 & Intellectual Property Rights

Year & Semester : II & III

UNIT I INTRODUCTION
PART-A
1. What is Intellectual Property Rights (IPR)?
IPR are legal protections granted to creators for their intellectual works, ensuring exclusive
rights to use and benefit from their creations.

2. What is a patent?
A patent is a legal right granted to inventors for new inventions, allowing them exclusive
control over their use and distribution for a limited time (usually 20 years).

3. What is the impact of EMI on electronic devices?


EMI can cause various issues in electronic devices, including degraded performance, data
loss, signal distortion, and operational failures. It may lead to malfunctioning of sensitive equipment
and unreliable communication.

4. What is copyright?
Copyright protects original works of authorship, such as literary, musical, and artistic works,
giving creators exclusive rights to reproduce and distribute their work.

5. What is a trademark?
A trademark is a recognizable sign, symbol, or design that distinguishes products or services
from one business to another.

6. What is a trade secret?


A trade secret refers to confidential business information that gives a company a competitive
advantage, protected as long as it remains undisclosed.

7. What role do patents play in innovation?


Patents encourage innovation by granting inventors exclusive rights to benefit from their
inventions, fostering research and development.

8. How do copyrights support creativity?


Copyrights incentivize creativity by giving creators control over how their works are used,
allowing them to profit from their intellectual labor.

9. What is the function of a trademark?


Trademarks help consumers identify the source of a product or service, ensuring brand
recognition and protecting the reputation of the brand

10. How do trade secrets differ from patents?


While patents require public disclosure of inventions, trade secrets are protected through
confidentiality, as long as the information remains undisclosed.

Prepared by Dr.M.Karthikeyan, Prof./ECE, SSEC Page 2


11. Why are geographical indications important?
GIs protect products that derive their quality and reputation from a specific region, preventing
misuse of the product's name and ensuring authenticity.

12. How do inventions relate to IPR?


Inventions can be protected through patents, giving inventors exclusive rights to their new
and useful creations, promoting further technological progress.

13. How has IPR evolved from the WTO to WIPO?


IPR transitioned from being trade-focused under the WTO to broader global regulation under
the WIPO, with a focus on promoting and protecting intellectual property worldwide.

14. How does TRIPS influence global IPR standards?


TRIPS establish minimum requirements for IPR protection and enforcement that all WTO
member countries must follow, ensuring consistency in global trade.

15. What are the benefits of IPR to society?


IPR encourages creativity and innovation by granting exclusive rights to creators, while also
promoting the dissemination of knowledge for societal advancement.

PART-B
1. Explain the basic concepts of IPR.
2. Discuss about the nature of IPR.
3. Describe the principles and techniques used for invention and innovations.
4. Explain about Trademarks and Trade secretes with suitable example.
5. Explain the concept of way from WTO to WIPO.
6. Discuss about TRIPS.

UNIT-II PROCESS
PART-A
1. What are the recent developments in Intellectual Property Rights (IPR)?

Recent developments in IPR include the integration of Artificial Intelligence (AI) and block
chain technologies in patent and trademark filings, increasing global IP protection through digital
platforms, and enhanced focus on protection for digital content (e.g., NFTs). Countries are also
harmonizing laws to simplify international patent and trademark registration. Green technologies and
biotech innovations are receiving more patent protections to promote environmental sustainability.

2. What is the procedure for granting a patent in India?

In India, the patent application process involves filing a patent application with the Indian
Patent Office (IPO), conducting a preliminary examination to verify the completeness, followed by a
formal examination where the patent examiner checks for novelty, inventiveness, and industrial
applicability. If the application meets all the requirements, it is published in the Patent Office Journal.
Finally, a grant of patent is issued if no opposition is filed within the specified period.

3. How are trademarks registered in India?

In India, trademarks are registered by filing an application with the Trademark Registry. The
process includes conducting a trademark search to ensure no similar marks exist, filing an application,
and undergoing an examination by the Registrar of Trademarks. If the mark passes examination and
there is no opposition during the public notification period, the trademark is registered and remains
valid for 10 years, renewable indefinitely.

Prepared by Dr.M.Karthikeyan, Prof./ECE, SSEC Page 3


4. What is the significance of Geographical Indications (GIs) in IPR?

Geographical Indications (GIs) are used to identify products originating from a specific
region that possess unique qualities or reputation due to that region (e.g., Basmati rice, Darjeeling
tea). GIs play a critical role in preserving the authenticity of regional products, boosting the local
economy, and ensuring that only genuine products from the specified region can use the protected
name.

5. Define the role of the Patent Cooperation Treaty (PCT).

The Patent Cooperation Treaty (PCT) is an international agreement that simplifies the process
of applying for patents in multiple countries. By filing a single international patent application, an
inventor can seek protection in up to 153 contracting states. The PCT does not grant a patent itself,
but it streamlines the filing process, conducts an international search, and provides a preliminary
examination, making it easier for inventors to secure patents in multiple jurisdictions.

6. What is the administration of the patent system in India?

In India, patents are administered by the Controller General of Patents, Designs, and
Trademarks (CGPDTM) under the Department for Promotion of Industry and Internal Trade (DPIIT).
The Indian Patent Office (IPO), with offices in Delhi, Mumbai, Chennai, and Kolkata, manages patent
applications, conducts examinations, and oversees patent enforcement. The Indian Patent Act of 1970
governs the country’s patent regime, with periodic amendments to comply with international
standards like the TRIPS Agreement.

7. What is the procedure for patenting in foreign countries?

For patenting in foreign countries, an inventor can either file separate patent applications in
each country or use the Patent Cooperation Treaty (PCT). The PCT allows inventors to file a single
international application that is valid in multiple countries, simplifying the process and reducing costs.
After filing under the PCT, applicants must enter the national phase within 30 months, where
individual countries examine the patent for compliance with their national laws.

8. How has India aligned its patent laws with international standards?

India has aligned its patent laws with international standards through compliance with the
TRIPS Agreement, which sets minimum standards for IP protection globally. Key changes include
extending patent protection to pharmaceuticals and agrochemicals, increasing the patent term to 20
years, and strengthening enforcement mechanisms. India also joined the Patent Cooperation Treaty
(PCT), making it easier for Indian inventors to secure international patent protection.

9. What is the process for granting a GI in India?

The process for granting a Geographical Indication (GI) in India involves submitting an
application to the Geographical Indications Registry in Chennai. The application must include details
of the product, proof of its origin, and documentation demonstrating its unique qualities. After
examination and publication for public objection, the GI is registered if no valid opposition is raised.
A GI is valid for 10 years, and it can be renewed.

10. What is a provisional patent application?

A provisional patent application is an initial application that allows an inventor to establish an


early filing date without submitting a complete patent specification. It is commonly used when an
invention is still being developed. Filing a provisional application gives the applicant 12 months to
file a full patent application. This process is useful for securing early protection while giving
inventors more time to refine their inventions.

Prepared by Dr.M.Karthikeyan, Prof./ECE, SSEC Page 4


11. What are the benefits of registering a trademark?

Registering a trademark provides exclusive rights to the owner, preventing others from using
the same or similar marks for similar goods or services. It also helps build brand identity and
consumer trust. A registered trademark can be renewed indefinitely and can be licensed or sold,
providing a significant business asset. It also allows the owner to take legal action against
infringement.

12. How are patents enforced in India?


In India, patents are enforced through civil litigation. A patent holder can file a suit for
infringement in the appropriate court, seeking remedies such as injunctions, damages, or royalty
payments. Indian patent law provides for both pre-grant and post-grant opposition, allowing third
parties to challenge the validity of a patent. The Commercial Courts in India expedite IP-related
disputes, ensuring quicker resolutions.

13. What is the significance of the PCT for Indian inventors?

The Patent Cooperation Treaty (PCT) is highly beneficial for Indian inventors as it simplifies
the process of obtaining patent protection in multiple countries through a single application. The PCT
offers Indian inventors more time to decide where to seek protection, helps reduce the cost of filing in
multiple countries, and provides an international search report that assesses the patentability of the
invention globally.

14. How does trademark protection differ across countries?

Trademark protection varies across countries in terms of registration procedures, duration,


and enforcement mechanisms. While most countries require trademarks to be registered for
protection, the level of examination, cost, and opposition procedures can differ. For example, the
European Union Intellectual Property Office (EUIPO) offers a unified registration system for all EU
member states, while the United States Patent and Trademark Office (USPTO) requires separate
registration for the U.S. jurisdiction.

15. What are the challenges of enforcing patents internationally?

Enforcing patents internationally is challenging due to differences in legal systems, patent


laws, and enforcement mechanisms across countries. While international agreements like the TRIPS
Agreement establish baseline standards, each country has its own procedures for infringement claims,
leading to potential inconsistencies in patent enforcement. Moreover, patent holders may face high
costs and complex legal processes when trying to enforce patents across multiple jurisdictions.

PART-B

1. Discuss the new developments in Intellectual Property Rights (IPR), the procedure for the
grant of patents, trademarks, geographical indications, patenting under the Patent Cooperation
Treaty, and the administration of the patent system in India and abroad.
2. Explain the Procedure for grant of Patents in detail.
3. Explain about the concept of Patenting under Patent Cooperation Treaty.
4. Describe the Administration of Patent system in India.
5. Discuss Patenting in foreign countries.
6. Outline the concept of TM.

Prepared by Dr.M.Karthikeyan, Prof./ECE, SSEC Page 5


UNIT –III STATUTES

PART-A

1. What is the purpose of the TRIPS Agreement?

The TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement aims to


standardize and harmonize intellectual property laws across member countries to ensure a minimum
level of protection and enforcement. It covers patents, copyrights, trademarks, and other IP rights,
promoting fair competition and innovation by setting common standards for IP protection.

2. What does the Patent Cooperation Treaty (PCT) provide for?

The Patent Cooperation Treaty (PCT) provides a unified procedure for filing patent
applications internationally. It allows applicants to file a single international application that can then
be used to seek patent protection in multiple PCT member countries, simplifying the process and
deferring national filings for up to 30 months.

3. What is the primary objective of the Patent Act of India?

The Patent Act of India provides a legal framework for granting and regulating patents in
India. Its primary objective is to promote and protect innovations by granting exclusive rights to
inventors for their inventions, ensuring that new and useful inventions are protected for a specified
period, typically 20 years.

4. What significant changes did the Patent Amendment Act (2005) introduce?

The Patent Amendment Act (2005) introduced significant changes to align India's patent laws
with the TRIPS Agreement. Key changes included the introduction of product patents for
pharmaceuticals and agrochemicals, extension of the patent term to 20 years, and provisions for
compulsory licensing under certain conditions.

5. What is the focus of the Design Act in India?

The Design Act in India focuses on the protection of the visual design of products, including
shapes, patterns, and ornamentations. It provides exclusive rights to the owner of a registered design,
preventing unauthorized copying or imitation of the design for up to 15 years.

6. What does the Trademark Act regulate?

The Trademark Act regulates the registration, protection, and enforcement of trademarks in
India. It grants exclusive rights to use and protect distinctive marks (names, logos, symbols)
associated with goods and services, helping businesses build and safeguard their brand identity.

7. What is the purpose of the Geographical Indication Act?

The Geographical Indication Act aims to protect products that originate from specific
geographic regions and possess qualities or reputation attributable to that region. It ensures that only
products genuinely originating from the specified location can use the protected GI name, promoting
regional products and preventing misuse.

8. What does the Bayh-Dole Act of the United States address?

The Bayh-Dole Act allows universities, non-profit organizations, and small businesses to
retain ownership of patents on inventions developed from federally funded research. It encourages the
commercialization of academic research and facilitates the transfer of technology from academia to
industry.

Prepared by Dr.M.Karthikeyan, Prof./ECE, SSEC Page 6


9. How does the TRIPS Agreement impact pharmaceutical patents?

The TRIPS Agreement mandates that member countries provide patent protection for
pharmaceuticals, ensuring a minimum patent term of 20 years. This promotes innovation in drug
development but has also raised concerns about access to affordable medicines, especially in
developing countries.

10. What is the role of the PCT in simplifying international patent filing?

The PCT streamlines international patent filing by allowing inventors to file a single
international application, which is then processed and examined to determine patentability. This
simplifies the application process and provides a unified approach to seeking patent protection in
multiple countries.

11. What does the Patent Amendment Act (2005) require for pharmaceutical patents in India?

The Patent Amendment Act (2005) requires that pharmaceutical patents in India must meet
stricter criteria of inventiveness and novelty, and it provides for the extension of patent terms to
comply with TRIPS. It also introduced provisions for compulsory licensing in case of public health
emergencies.

12. How does the Design Act differ from the Patent Act?

The Design Act focuses on protecting the aesthetic aspects of a product’s design, such as
shape and ornamentation, while the Patent Act covers functional inventions and technological
innovations. Design protection is granted for visual appearance, whereas patents protect new and
useful inventions.

13. What is the duration of trademark protection under the Trademark Act?

Under the Trademark Act, a trademark registration is valid for 10 years from the date of
registration. It can be renewed indefinitely for successive 10-year periods, provided that the trademark
remains in use and the renewal application is filed timely.

14. What does the Geographical Indication Act require for a product to be eligible for GI
protection?
The Geographical Indication Act requires that a product seeking GI protection must originate
from a specific geographic region and possess qualities, reputation, or characteristics attributable to
that region. The application must demonstrate the link between the product and its geographic origin.

15. How does the Bayh-Dole Act support academic entrepreneurship?

The Bayh-Dole Act supports academic entrepreneurship by allowing institutions to retain


ownership of inventions developed through federally funded research, facilitating commercialization
and technology transfer. This encourages collaboration between academia and industry and promotes
the development of new technologies.

PART-B

1. Discuss the role and significance of major international treaties and conventions on
intellectual property rights
2. Explain the importance of the TRIPS Agreement and the Patent Cooperation Treaty (PCT).
3. Explain the key provisions of the Patent Act of India, including the impact of the Patent
Amendment Act (2005).
4. Describe the Design Act, Trademark Act in India.
5. Explain the importance of Geographical Indication Act in India.
6. Analyze the Bayh-Dole Act and its influence on academic entrepreneurship.

Prepared by Dr.M.Karthikeyan, Prof./ECE, SSEC Page 7


UNIT-IV STRATEGIES IN INTELLECTUAL PROPERTY
PART-A

1. What is a key strategy for investing in R&D?


A key strategy for investing in R&D is to focus on aligning research objectives with business
goals. This involves identifying market needs and technological gaps, ensuring that R&D projects are
targeted at developing innovations that can lead to competitive advantages and drive business growth.

2. How can companies ensure effective utilization of patent information?The International

Companies can ensure effective utilization of patent information by conducting regular patent
searches and analysis. This helps in identifying existing patents, avoiding infringement, spotting
trends in technology, and discovering potential opportunities for innovation and collaboration.

3. What is the role of patent databases in R&D?


Patent databases play a crucial role in R&D by providing access to existing patents and
published applications, which helps researchers understand the current state of technology, avoid
duplication of effort, and identify opportunities for innovation and improvement.

4. How does IPR strength impact innovation in India?


The strength of IPR protection in India impacts innovation by providing legal assurance and
incentives for inventors and businesses. Strong IPR protection encourages investment in research and
development by ensuring that intellectual property rights are safeguarded against infringement.

5. What is traditional knowledge in the context of IPR?


Traditional knowledge refers to the local and indigenous knowledge, practices, and
innovations developed over generations within communities. In the context of IPR, protecting
traditional knowledge involves recognizing and safeguarding these cultural assets from unauthorized
use and exploitation.
6. How does the Indian patent system support innovation?
The Indian patent system supports innovation by providing legal protection for new
inventions, granting exclusive rights to inventors, and incentivizing research and development
activities. It also includes provisions for compulsory licensing to address public health needs and
promote access to essential medicines.
7. What are the benefits of investing in R&D?
Investing in R&D benefits companies by driving innovation, creating new products and
technologies, improving existing processes, and gaining a competitive edge in the market. It also
helps in addressing future challenges and adapting to changing market demands.

8. How can patent databases assist in avoiding patent infringement?


Patent databases assist in avoiding patent infringement by allowing companies to search for
existing patents and assess the scope of protection. This helps in ensuring that new products or
processes do not infringe on existing patents and aids in designing around patented technologies.

9. What are some examples of traditional knowledge protection mechanisms?


Examples of traditional knowledge protection mechanisms include Geographical Indications
(GIs) for traditional products and Traditional Knowledge Digital Libraries (TKDL) that document and
safeguard traditional knowledge and prevent misappropriation.
10. How does IPR strength in India compare to global standards?
IPR strength in India has improved significantly with recent reforms, but it still faces
challenges compared to global standards. India's IPR framework has been strengthened through
various amendments and initiatives, yet issues such as enforcement and awareness remain areas for
improvement.

Prepared by Dr.M.Karthikeyan, Prof./ECE, SSEC Page 8


11. What is the importance of patent information for competitive intelligence?
Patent information is crucial for competitive intelligence as it provides insights into
competitors' technologies, R&D activities, and market strategies. This information helps companies
understand market trends, identify emerging technologies, and make informed strategic decisions.
12. What role does traditional knowledge play in innovation?
Traditional knowledge plays a significant role in innovation by providing unique insights and
solutions that have been developed through cultural practices and experiences. It can inspire new
product development and contribute to sustainable and culturally relevant innovations.

13. How can R&D investments be optimized?


R&D investments can be optimized by prioritizing projects with high potential returns,
establishing clear research goals, fostering collaborations with academic and industry partners, and
implementing robust project management practices to ensure efficient use of resources.

14. What are some common challenges in protecting traditional knowledge?


Common challenges in protecting traditional knowledge include inadequate legal
frameworks, difficulties in documenting and proving ownership, and issues with unauthorized use or
misappropriation by external entities. Effective protection requires a combination of legal, cultural,
and community-based measures.
15. How can case studies be used to improve R&D strategies?
Case studies can improve R&D strategies by providing real-world examples of successful and
unsuccessful R&D efforts. Analyzing these cases helps identify best practices, learn from past
mistakes, and adapt strategies to enhance the effectiveness and efficiency of R&D investments.
PART-B
1. Discuss the key strategies for investing in Research and Development (R&D)
2. Analyze the importance of patent information and databases in this context.
3. Evaluate the current state of Intellectual Property Rights (IPR) strength in India and its impact
on innovation.
4. Explain the role of traditional knowledge in the IP landscape and provide examples of how
traditional knowledge is being protected.
5. Analyze the significance of case studies in shaping R&D strategies and how they can be
utilized to improve innovation outcomes.

UNIT-V MODELS

PART-A

1. What is "know-how" in the context of technology?

"Know-how" refers to practical knowledge and expertise required to implement and operate a
technology. It includes skills, processes, and methods not typically covered by formal patents or
documentation but essential for the effective application of technology.

2. What does the concept of ownership mean in intellectual property?

The concept of ownership in intellectual property means having exclusive legal rights to use,
license, and enforce a specific IP asset, such as a patent, trademark, or copyright. This ownership
allows the holder to control how the IP is used and to benefit from its commercialization.

3. Why is intellectual property (IP) significant in value creation?

Intellectual property is significant in value creation because it provides competitive advantages


through exclusive rights, helps in differentiating products and services, and can be a key asset for
generating revenue through licensing and strategic partnerships.

Prepared by Dr.M.Karthikeyan, Prof./ECE, SSEC Page 9


4. What is IP valuation?

IP valuation is the process of determining the monetary value of intellectual property assets,
such as patents, trademarks, and copyrights. This valuation is crucial for financial reporting,
investment analysis, and strategic decision-making.

5. What is the income approach to IP valuation?

The income approach to IP valuation estimates the value of IP based on the future income or
revenue it is expected to generate. This involves discounting future cash flows to their present value to
determine the worth of the IP asset.

6. What is the market approach to IP valuation?

The market approach to IP valuation determines the value of IP by comparing it to similar IP


assets that have been sold or licensed in the market. This approach relies on market data and
transactions to estimate the value of the IP.

7. What is the cost approach to IP valuation?

The cost approach to IP valuation estimates the value of IP based on the cost of developing or
replacing it. This includes the costs incurred in research and development, legal fees, and other
expenses related to creating the IP asset.

8. How does the Real Option Model apply to strategic decision-making?

The Real Option Model applies to strategic decision-making by providing a framework to


value and manage investment opportunities under uncertainty. It evaluates the potential value of
flexibility in decision-making and the ability to adapt to changing market conditions.

9. What is the key advantage of using the Real Option Model in IP valuation?

The key advantage of using the Real Option Model in IP valuation is its ability to account for
uncertainty and flexibility in future decision-making. It helps in assessing the value of holding options
to invest, expand, or abandon projects based on evolving market conditions.

10. What is meant by "technology transfer"?

Technology transfer refers to the process of transferring technology from one organization or
entity to another. This can involve licensing agreements, partnerships, or collaborations to enable the
adoption and commercialization of technology by other parties.

11. What is licensing in the context of intellectual property?

Licensing in the context of intellectual property is an agreement where the IP owner grants
permission to another party to use, produce, or sell the IP in exchange for financial compensation or
royalties. Licensing allows for the commercialization of IP without transferring ownership.

12. What are the key types of IP licenses?

Coexistence is important to ensure that multiple devices operating in the same frequency band
do not interfere with each other, allowing for reliable and uninterrupted operation of each device in a
shared spectrum.

13. How does IP ownership impact technology commercialization?

IP ownership impacts technology commercialization by providing the legal rights and control
necessary to license, sell, or protect the technology. Effective IP management ensures that the owner
can capitalize on the technology and prevent unauthorized use.

Prepared by Dr.M.Karthikeyan, Prof./ECE, SSEC Page 10


14. What role does know-how play in the technology transfer process?

Know-how plays a crucial role in the technology transfer process by providing the practical
insights and expertise needed to implement and operate the technology effectively. It complements
formal IP rights and is essential for successful technology adoption.

15. How can case studies inform IP valuation and management practices?

Case studies can inform IP valuation and management practices by providing real-world
examples and insights into how IP assets have been valued and managed in different contexts.
Analyzing case studies helps in understanding best practices, potential challenges, and strategies for
effective IP management.

PART-B

1. Discuss the role of "know-how" in technology transfer and commercialization. How does
know-how complement intellectual property rights in the successful implementation of new
technologies?
2. Explain the concept of ownership in intellectual property. How does ownership impact the
control and commercialization of IP assets?
3. Analyze the significance of intellectual property in value creation for businesses. How does
IP contribute to competitive advantage and market positioning?
4. Describe the different IP valuation models and their applications. How can these models be
used to determine the value of IP assets in various contexts?
5. Discuss the application of the Real Option Model in strategic decision-making for IP
investments. How does this model help in evaluating the value of flexibility in R&D projects?
6. Evaluate the impact of IP licensing on innovation and commercialization. How do different
licensing models affect the distribution and use of IP assets?
7. Explain the process and considerations involved in transferring intellectual property. What are
the key elements of successful IP transfer and licensing agreements?

Prepared by Dr.M.Karthikeyan, Prof./ECE, SSEC Page 11

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