assignment 30 marks c m gaind senior manager (ipr) & head, nrdc ipr consultancy division...

ASSIGNMENT30 marks

C M GaindSenior Manager (IPR) & Head, NRDC IPR Consultancy Division

National Research Development CorporationNew Delhi

1. For each of the following examples, state the state of IP laws that would be most appropriate for

their protection A company wishes to protect a product comprising a new chemical formula (Tetrafluorethylene) which when used on or applied to kitchen utensils has the characteristics of preventing food in general and eggs in particular form sticking to the pan. The company wants to ensure that it has sole use of the formulaThe same company wishes to market the frying pans that are coated with tetrafluorethylene under a commercial name that attracts its customers. TAFAL is the name chosen and used to identify the frying pan with the magic formula. The company wants to make sure that it has sole use of the name in relation to kitchen utensils;The same company wishes to enhance the sale of its frying pan not only using the tetra formula but also by giving them a more appealing, aesthetics and new dynamic shape. It also wants to make sure that it has sole use of new appearance or “look” of its frying pans;The same company wishes to aggressively advertise its unique and special frying pans both on TV by means of a short film and on radio by means of short song. It wants to make sure that nobody will use the music or words of the song, nor the short film made for TV:

Assessment Question 2 (1)

A person has composed the music and lyrics of a song. In order for him to be protected from acts of piracy, should he register his rights on the song ?

Assessment Question # 3 (1)

Which of the following categories of the persons are protected by related rights?

Music composers Singers of songs Producers of sound recordings Authors of plays Film producers Actors of films and plays Broadcasting companies Ballet dancers


You are the owner of a company that produces and sells fruit juices in bottles and cans. You intend to choose the designation “Fruitamine” to identify your products

Do you think this word could be used as a trademarks? Give reasons.

If yes what should you do in order to protect it?


Please indicate, for each of the following designations, the suitable system of protection available:

“DARJEELING TEA “SONY” CHAMPAGNE” “ROLEX” “IBM” “TEQUILA”(alcoholic beverage produced in Mexico) “SWISS AIRLINES”


A company is putting on the markets telephones with “post modern, revolutionary” designs. It hopes that in a highly competitive market, the ornamental features of its telephones, different from all what has existed before, will help attract new customers and increase its business

Could such design be protected and how?

Assessment Question #7 (1)

Could Einstein obtain a patent on his famous mathematical equation:

E = mc2 ?


Company A has developed a new formula that enhances the taste of a beverage it sells to the public. The composition of the mixture is kept secret. The beverage is a huge success. A competitor (B) is interested in getting hold of the formula. In order to obtain it, B pays a hefty amount of money to one of Company A’s employees, who is well aware about the confidential nature of information that has been entrusted to him by the company that employs him. Can it successfully complain against employee’s behavior and if yes, on what ground?


What is Intellectual Property what types of intellectual creations can be subject matter of IP?


What is copyright and what is covered by copyright?What type of rights does copyright provide?What rights do moral rights cover?How long does copyright last?Why protect copyright?What are related rights ?Is there a distinction between related rights and copyrights ?


What is difference between a geographical indicator and a trademark?What is a geographical indication?why protect geographical indications?


What is trademark and what types of the trademarks exist?What functions does a trademark perform?What kind of protection is provided by a trademark?In order to protect a trademark, describe certain conditions it should fulfill?


What is an Industrial Design?How long a design protection last?


What is patent?What kind of inventions are protected? List conditions.How is a patent is granted? Describe the procedure?What right does a patent provide?

assignment 30 marks c m gaind senior manager (ipr) & head, nrdc ipr consultancy division...

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