Intellectual Property Law Instructions: Consider cutting and over writing a false answer.

r. There shall be zero tolerance on indiscipline, misbehavior, cheating, nuisance or any other ground. Q. 1: Write TRUE or FALSE against each statement 1. The grant of patents to traders and manufacturers became common practice in Tudor times: Elizabeth I granted some 50 between 1561 and 1590._________ 2. Sir John Harringtons request for a patent for a new water closet was turned down in 1596, on grounds of propriety. __________ 3. In 1624, this public interest doctrine was incorporated into the Statute of Monopolies, section 6 of which rendered illegal all monopolies except those for the term of 15 years or under hereafter to be made of the sole working or making of any manner of new manufactures within this Realm to the true and first inventor._________ 4. A written specification became a prerequisite during the reign of Queen Anne, one of the first patents to comply with this requirement being James Puckles 1719 patent for a machine gun.________ 5. In 1785, Richard Arkwrights spinning machine patent was voided for want of an adequate specification. __________ 6. James Watts 1796 steam engine patent was the second beneficiary of this extension of patentability to improvements. __________ 7. In 1850, the Great Exhibition highlighted many of the deficiencies of the patent system, which required an applicant for a patent to petition seven different offices, a process lampooned in Charles Dickenss A POOR MANS TALE OF A PATENT.___________ 8. The patent system was overhauled in 1852 by the Patent Law Amendment Act, which simplified procedures, reduced fees and introduced a single UK patent to replace the national patents that had been offered until then._________ 9. In 1883, further reforms brought into existence the Comptroller-General and a staff of examiners, though they were charged only with checking on the adequacy of the description of inventions submitted to them, not on novelty.___________ 10. 1904 saw the introduction of a limited investigation into the novelty of the invention before a patent would be granted.____________

11. By 1905 there were 1,022 volumes arranged in 146 classes, and a couple of years later the abridgement volumes were completed back to the first patent to be given a number, granted in 1617 to Rathburn & Burges for Engraving and Printing Maps, Plans &c __________ 12. No radical changes were made in the patent system between then and 1977, when the present Patents Act replaced the 1949 one. __________ 13. Beside the 1977 Act, the 1949 Act looks parochial: it continued to provide for patents of importation, granting a monopoly to the first person to bring an invention to the UK, rather than its inventor._________ 14. The 1977 Act was specifically designed to achieve harmonisation with the conventions___________ 15. The Act was amended in 2005 to conform to the revisions to the EPO known as EPO 2000 ____________ 16. As Lord Mansfield said as long ago as 1778, disclosure is:... the price the individual should pay the people for his monopoly.__________ 17. Patents are granted for inventions that satisfy the criteria set out in the legislation. They must be novel, inventive, capable of industrial application and not specifically denied protection by the legislation_________ 18. The skilled worker is assumed to read the prior art carefully, though lacking inventive capacity he may fail to realize the importance of some of it.____________ 19. The EU Commission published its Proposal for a directive on the patentability of computerimplemented inventions on 25 February 2001__________ 20. The UK implemented the EC directive on the legal protection of biotechnology inventions (98/44/EC) in the Patents Regulations 2007, which amend the Patents Act 1977__________

Key IPL Answers 1. True 2. True 3. False

4. False 5. False 6. False 7. False 8. True 9. True

10. False 11. True 12. True 13. True 14. True 15. False

16. True 17. True 18. True 19. False 20. True

Q. 2: Answer the following short questions in not more than five lines

1. A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. Explain. 2. Patents provide incentives to individuals by offering them recognition for their creativity and material reward for their marketable inventions. These incentives encourage innovation, which assures that the quality of human life is continuously enhanced. Explain. 3. What role do the Patents play in everyday life? 4. Should I discuss the details of my invention with a potential investor before filing a patent application? 5. What is industrial Designs? 6. What cannot be protected by industrial design rights? 7. What rights are conferred by industrial design protection? Q. 3: Anderson your client worked in a fast food restaurant Wag mama for Ten years as chef in North Germany, one of his job description was to prepare food recipe, on 31 Dec. 1993, he was approached by the CEO of KFC to work for them in the Eastern Coast of Canada, so he resigned his current job and accepted the terms and conditions of KFC. He followed the same recipe which he used as a Special of his previous employer. Wag mama brought the suit against him for the breach of confidential information; He is now in the court to defend against his previous employer on the grounds of Confidential Information Fast food claims that Anderson breached the confidential information while on the other hand he claims that he is covered under Competition Law and Fair Use. During the pendency of the suit and after working hours in KFC Anderson worked for Just Fish where he had to prepare steam fish and roasted tuna, later on he found that the recipe for roasted tuna is not up to hygienic standards, so he gave the information of both recipes to food control authority. The authority took the action and imposed fine of US $ 10,0000/ on Just Fish. The owner used his discretionary powers and fired him from Just Fish and also sued and claimed damages. Advise your Client using relevant case law that whether he breached the confidential information or not? Q. 4: Critically evaluate the defenses of Trademark using relevant case law. Q. 5: Discuss in detail grounds of infringement of Trade mark using relevant case law. Q. 6: Examine the concept of Confidential information and exceptions to it. Q. 7: Copy rights provides exclusive economic rights. Explain in detail.