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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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