Enforcement of intellectual property rights


Question 1: Why do businessmen usually prefer civil suits to criminal suits in cases of infringement of IP?

Question 2: Discuss the economic and social effects of counterfeiting and piracy.

Question 3: How does the Fence Post approach distinct from the Pith and Marrow approach in finding out the scope of the claims in a patent infringement case?

Question 4: What is the test evolved by Holmann J. to decide whether a variant infringes an invention?

Question 5: The infringer might be sent to jail in criminal proceedings and this has large ‘deterrent effect’. Though, civil procedure remains a favorable option with business community. Why? Describe.

Question 6: Describe the general provisions and fundamental principles of TRIPS agreement.

Question 7: State the provisions associated to copyright and related rights and Trademarks under the TRIPS agreements.

Question 8: Write notes on the following:

a) Protection of undisclosed information.
b) Enforcement of intellectual property rights.
c) Transitional arrangements.

Question 9: What are the general obligations for the enforcement procedures of intellectual property rights? Describe the civil and administrative procedures associated to the enforcement and their remedies.

Question 10: Explain the special requirements associated to border measures under TRIPS agreement.

Question 11: Discuss the role of World Customs Organization in combating IPR crime. Describe the efforts made for combating counterfeiting.

Question 12: Describe the role of Interpol in combating IPR crime.

Question 13: Illustrate the civil litigation remedies and describe the criminal remedies for intellectual property infringements.

Question 14: What do you mean by the term mediation? How is the process of mediation conducted and terminated? As well elucidate the role of mediator.

Question 15: What do you mean by the term arbitration agreement? Describe the composition of arbitral tribunal.

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Business Law and Ethics: Enforcement of intellectual property rights
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