Question - Answer On Ipr and Competition Law

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1.

In Microsoft v/s Comm'n T0-201 /04, 2007 ECR 11-1491, on 27th June, 2012 the general court upheld the fine
but reduced it from €899 million to €860 million due to _________. Miscalculation
2. Which section of Competition Act, 2002 prohibits the anti-competitive agreement? Section 3
3. Under which section does the Essential Commodities Act, 1955 standardize the price of the drug? Section 3
4. Under which activity does the Competition Act is violated in Hawkins Cooker ltd v/s Murugan Enterprise, 2008
(36) PCT 290 (Del)? Abuse of Dominant Position
5. Which Act was replaced with the introduction of Competition Act 2002? MRTP Act 1969
6. Enactment of Competition Act is recommended by which committee? High level Committee on competition
policy and Law
7. What is the duration of registration under Semiconductor Integrated Circuits Layout Design Act, 2000 ? 10
years from the date of filling of an application
8. Which of the following is the main purpose of Competition law? To remedy situations in which the free market
breaks down
9. In Kingfisher Airline v/s Competition Commission Of India, Kingfisher Airline was imposed with a fine of 1 crore
for__________. Non-Compliance
10. Under the Competition Act, 2002 which of the following term is referred to as "any agreement requiring a
purchaser of goods, as a condition of such purchase, to purchase some other goods". Tie-in arrangement
11. Which of the following is commonly accepted as the initiation of modern Competition Law? The US Sherman
Act 1890
12. Which one qualifies for both trademark and copyright? Logo
13. What includes "The Theory of Deep Pockets"? Conglomerate mergers (MERGERS BETWEEN UNRELATED
BUSINESS)
14. Liberalization meaning is explained by which option below? Liberating the industry, trade and economy from
unwanted restrictions
15. When was the Competition Commission of India (CCI) established? October,2003
16. Contravention of which section of the Competition Act was stated by the Director General in his report on
FICCI Multiplex Association of India v/s United Producers/Distributors Forum (UPDF)? Section 3(3) (Share by
market allocation...)
17. What was the purpose to design the Sherman Antitrust Act and the Clayton Antitrust Act? Promote fair
competition in business
18. What is NOT included in the manner in which mergers and acquisitions (M&As) occur? Diversification, but it
includes horizontal merger (unilateral and coordinated effects), vertical mergers (fear for foreclosure, entry
blocking & differential pricing) congolemerate mergers (3).
19. The design right protects_________. The aesthetic appearance of a product
20. What are Monopolistic situations? Markets in which only one seller operates, and barriers to entry exist so
that potential competitors are unable to penetrate such markets
21. What is another recognized goal of EU competition law, besides economic efficiency? Consumer protection &
The integration of the economies of the Member States
22. What was the brand name of the drug for which the compulsory license was granted to the Natco for a cancer
curing drug in Bayer v/s Natco case? Nexavar
23. Under which section does the Bombay High Court dismissed the writ filed by Amir Khan Productions Pvt. Ltd.
against the show cause notice issued by CCI for conduction final enquiry in Amir Khan Production v/s Union of
India case? Section 26(8)
24. Which of the following statements is true: 1 To qualify for federal protection, a mark must be distinctive and
have a "secondary meaning." Or....? The correct statement : Trademark registrations can be renewed for an
unlimited number of ten-year periods.
25. What can be defined as the Anti-Competitive Agreement? Resale price maintenance, Conditional purchase/
sale (tie-in arrangement), Agreement to limit production and/or supply
26. What defines Horizontal mergers? They may generate economies of scale and scope
27. Which of the following is the most important risk in case of vertical mergers? They might foreclose a market to
competition, entry barriers and differential pricing
28. Under which section of the Indian Patents Act , 1970 the revocation request was made in Mahyco Monsanto
Biotech (India) v/s The Union of India? (abuse of dominant position & combination)Section 66- govt revokes a
patent/
29. IP rights confer a dominant position, but under which of the circumstances? When IP rights act as a barrier to
entry
30. In particular, under which section the compulsory license of the patented drug was granted to Natco in Bayer
v/s Natco case? Section 84
31. A necessary element in the agreement of cartel is _____. Competing parties agreeing not to compete each
other
32. Which of the following is typically the most important economy or synergy which is sought from Mergers and
Acquisitions M&A activity? Economies of scale from doing away with duplication of function between the two
firms.
33. Which of the following agreements are condemned by the cartel offence? Price fixing, limitation of production
or supply, the sharing of markets, and bid rigging
34. What are the main policy arguments supporting the existence of the merger control in Anti-trust regimes? The
creation or extension of monopoly power, and increasing the scope for collusion
35. Which mode of protection does not require any registration cost and has instant effect? Trade-secrets
36. Monopolies and Restrictive Trade Practices Act was enacted from ____? 1st June, 1970
37. Berne Convention (1886) is concerned with which type of IPR? Copyright
38. To be patented, an invention must be _______________. Non-obvious, Useful, Novel
39. Within how many days any person or enterprise should notify the commission after getting approval for the
combination from the board? 30 day
40. "No enterprise shall abuse its dominance position" is instructed under section ________the Competition Act,
2002? Section 4
41. Under which section of the Indian Patents Act, 1970 does the examination of Indian Patent application falls?
Section 12
42. In which year Semiconductor Integrated Layout Design Act was passed? 2000
43. In order to register, Integrated Circuit layout Design in India the layout should be- New or Original & Distinct.
44. "Internet Treaties" include ______ and _______. WIPO Copyright Treaty and the WIPO Performances and
Phonogram Treaty 
45. How many categories of Intellectual Property are covered under TRIPS Agreement? 9
46. Deceptive marketing practice is done if the person _______. Offers the product at low cost or cost less than
that of a fair market price, Makes false and misleading representations, Offers a product for sale at a price grossly
exceeding its fair market value
47. Which section of Competition Act, 2002 defines the edge between paradigm of IPR and Competition law?
Section 3(5)
48. As per Indian Copyright Law, "Fair Use" means : Use for research, Use for review, Use for non-commercial use
49. Who made the first Compulsory License application in India? Natco Pharma Ltd.
50. Which article of the Paris Convention contains the provision of collective marks? Article 7bis
51. In India, till when the literary work is protected? 60 years after the death of author
52. What is Public Private Partnership (PPP)? An enterprise that consists of a partnership between government
and at least one private sector company
53. Under the Patent Act, the person entitled to receive a patent on a new invention is__________. The who
applied for a patent first
54. Under which section does the Indian Patent Law mentions the "Scientific Advisers"? Section 115
55. In Hawkins Cooker ltd v/s Murugan Enterprise, 2008 (36) PCT 290 (Del), court opined that the defendants' use
of 'Hawkins' mark was only to show the suitability of the product to be used as an auxiliary product in a Hawkins
pressure cooker and that such use would evidently fall within the exclusion carved out under _____________.
Section 30 of the Trademarks Act,1999
56. What is protected under Semiconductor Integrated Layout Design Act? A layout which is original, A layout
which has not been commercially exploited for more than 2 years from the date of application for the registration,
A layout which is inherently distinctive an capable of being distinguishable from any other registered layout.
57. Subject matter which is excluded from patentability includes : Discoveries of materials or elements already
existing in nature, Scientific theories and mathematical methods, Methods or treatment of humans or animals or
diagnostic methods practiced on humans or animals.
58. The Madrid Convention aims at : False indication or representation and Misleading representation
59. Where one should go to register a "Certification mark"? Trademark Registry
60. When based on sound economic principles, the enforcement of antitrust policy is expected to ? Enhance
economic efficiency, Increase consumer welfare, Spur economic growth
61. When does the agreements by enterprises or persons engaged in trade of identical or similar products are
presumed to have Appreciable Adverse Effect (AAE) on competition in India? By limiting production, supply,
markets, investment or provision of services, By bid-rigging, By direct or indirect fixing of the purchase or sale
prices
62. The condition where royalties are layered upon each other leading to a higher aggregate royalty is known as
______. Royalty stacking (layering up of royalties leading to higher aggregated royalty)
63. What is general reason for price increase in medicines? Rise in the price of the bulk drugs, Rise in the price of
transport and freight rates, Changes in taxes and duties
64. In Mahyco Monsanto Biotech (India) v/s The Union of India, on which ground the government of Andhra
Pradesh asked government of India to invoke its power and issue compulsory license under section 92 of Indian
Patents Act, 1970? Monsanto is having monopoly right and through one-sided sub-license agreement is
completely controlling all the cotton seed firm's and thereby collecting extreme royalties.
65. On what basis does the National Pharmaceutical Pricing Authority (NPPA) fixes prices of both bulk drugs and
formulations? Sou-motu pricing
66. What are the objectives of Competition Commission of India (CCI)? To protect the freedom of trade in Indian
markets and to promote sustainable market competition.; To protect the rights of the customer and to run
informative campaigns and create public awareness about fair competition practices.; To protect the rights of the
small traders from the large traders to ensure their survival and to protect the rights of the customers.
67. In which year was BCCI fined for Anti-competitive practices in IPL? 2014
68. In which year FDA proposed the regulation entitled "Prescription Drug Product Labeling : Medication Guide
Requirements"? 1995
69. Under which act Drug Price Control Order (DPCO), 1995 was issued? Essential Commodes Act
70. Who lead the high level committee on Competition Policy and Law ? S.V. Raghavan
71. In India, the literary work is protected until _______. 60 years after the death of author
72. he Copyright Act, 1957 confers copyright protection in the form of____? Economic rights of the author and
Moral rights of the author
73. Competition Appellate Tribunal has its headquarter in _______? Delhi
74. What can be included in Geographical indications of Goods? Handicraft, Foodstuff, Manufactured products
75. Which mergers are mergers between firms in unrelated businesses? Conglomerate
76. Standard Setting Organization (SSO) is ________. Generally having rules that govern the ownership of the
patent rights that apply to the implemented standards, The industry group that set common standards for a
specific industry in order to guarantee compatibility and interoperability of devices manufactured by different
companies
77. Who can represent before Tribunal? Legal Practitioners, Chartered Accountants, Any individual
78. Who can apply for patents? Assignee of the true and first inventor of the invention, Legal representative of the
decreased person who immediately as entitled to make such application before his death, True and first inventor
of the invention
79. How many types of Patent licenses are there? 2
80. Phonographic works come under which domain of Intellectual Property Rights? Copyrightf
81. Monopoly term first used in England by Thomas More in Utopia(1516)in US Supreme Court in standard oil cp.
Of new jersey v US

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