ASSIGNMENT BOOKLET-1
POST GRADUATE DIPLOMA
IN INTELLECTUAL PROPERTY RIGHTS
(PGDIPR)
2007
Tutor Marked Assignments (TMA) for
MIP-001
MIP-002
MIP-003
MIP-004
INDIRA GANDHI NATIONAL OPEN UNIVERSITY
Maidan Garhi
New Delhi – 110 068
Dear Student,
This booklet contains the assignments for MIP-001, MIP-002, MIP-003 and MIP-004. Each course has one assignment, which you need to complete and send us on the given address before April 30, 2007. Please note that, you will not be allowed to appear for the Term-End Examination for the courses, the assignments of which are not submitted before the due date.
The assignments constitute the continuous component of the evaluation process and have 30% weightage in the final grading. You need to score 40% marks in assignments for each course in order to clear the continuous evaluation component.
Instructions for Formatting Your Assignments
1. You should specify clearly on the first page of all your assignment responses the course code, course title, assignment code, your enrolment number, name and address in the given format:
ENROLMENT NO. : ………………………………………...
NAME : ………………………………………...
ADDRESS : …………………………….…………..
…………………………….…………...
…………………………….……………
COURSE CODE: …………………………..
COURSE TITLE: …………………………..
ASSIGNMENT CODE: ……………………
REGIONAL CENTRE CODE:……………. DATE : …………………………………………
PLEASE FOLLOW THE ABOVE FORMAT STRICTLY TO FACILITATE EVALUATION AND TO AVOID DELAY.
2. The Assignment Response should be hand-written and use only A-4 or foolscap size writing paper (but not of very thin variety) for writing your answers.
3. Leave at least 4 cm margin on the left, top and bottom of your answer sheet for the evaluator’s comments.
4. Your answers should be brief, precise and in your own words. Please do not copy the answers from the study material.
5. A serious action will be taken if any attempt to copy the Assignment Response from other student is done.
6. While solving the questions, clearly indicate the question number along with the part being solved. Recheck your work before submitting it.
7. This assignment will remain valid for one year. However, you are advised to submit it within 8 weeks of receiving this booklet to accomplish its purpose as a teaching-tool.
We recommend that you retain a copy of your assignment response to avoid any unforeseen situation.
You can obtain solutions for the difficulties you may face while studying the course material by sending an e-mail to . But we do not provide solutions to the assignment questions, since they constitute an evaluation component.
Send your completed assignments on the following address:
The Programme Coordinator
Post Graduate Diploma in
Intellectual Property Rights (PGDIPR)
School of Sciences
Indira Gandhi National Open University
Maidan Garhi
New Delhi – 110 068.
Please write on the envelope “Assignment Response of ……………” (course code).
Please send self-addressed post cards with your assignment responses to obtain the acknowledgement from us.
TUTOR MARKED ASSIGNMENT
MIP-001: General Overview of Intellectual Property
Course Code: MIP-001
Assignment Code: MIP-001/TMA/2007
Maximum Marks: 100
Note: * All questions are compulsory.
* Marks for the questions are shown within brackets on the right hand side.
* Please answer in your own words; do not copy from the course material.
* Keep in mind the limitation on maximum words, as indicated in the brackets against a question.
1. (a) Justify the statement with examples: “IP is a dynamic area”. (Max. 300 words) (6)
(b) How are public interests protected in the process of protecting IPRs? (Max. 200 words) (4)
2. Discuss WIPO’s role in addressing the emerging issues in IP. (Max. 500 words) (10)
3. With the help of appropriate examples explain the dichotomy between copyright and industrial property. (Max. 500 words) (10)
4. Discuss the role of patents in country’s economic development. (Max. 500 words) (10)
5. Discuss any two technological challenges faced by copyright industries. (Max. 500 words) (10)
6. (a) Discuss with examples the macroeconomic roles played by trademarks. (Max. 250 words) (5)
(b) Explain the role of trademarks in the digital era. (Max. 250 words) (5)
7. (a) Intellectual Property is an intangible asset. How can it be valued? (Max. 250 words) (5)
(b) Discuss the costs involved in protection of an invention. (Max. 250 words) (5)
8. (a) Discuss the consequences of counterfeiting using examples other than the ones given in your course material. (Max 250 words) (5)
(b) What are the advantages of going in for civil procedures in case of IPR enforcement?
(Max. 250 words) (5)
9. (a) Trace the origin of establishment of WIPO. (Max 250 words) (5)
(b) How the principle of ‘trade without discrimination’ is practiced by WTO?
(Max. 250 words) (5)
10. (a) Discuss the different aspects of trade addressed by various agreements of WTO.
(Max. 250 words) (5)
(b) Describe the process of dispute settlement at WTO. (Max. 250 words) (5)
======
TUTOR MARKED ASSIGNMENT
MIP-002: Industrial Property: Patents, Designs, Plant Varieties
Course Code: MIP-002
Assignment Code: MIP-002/TMA/2007
Maximum Marks: 100
Note: * All questions are compulsory.
* Marks for each question are indicated on the right hand side.
* Write answers in your own words; do not copy from the course material. Your answers should be brief and to the point.
* You may have to study the texts of conventions/agreements provided in the study material to attempt some of the questions.
1. Discuss the following cases for their patentability. Analyse each case on the basis of patentable subject matters, patentability conditions, disclosure conditions etc. (5´4)
(a) You have genetically modified a bacteria which has unique property of separating gold from the mixture of metals.
(b) New metal found on Jupiter.
(c) A recipe of preparing rice, traditionally followed in Tamilnadu.
(d) A new text editor programme for computer.
2. Under what circumstances compulsory licence of a patent is issued? Is it the best way to work the patent? Why? (6+1+3)
3. (a) What is right of priority? Explain its advantages with an example. (2+3)
(b) What is Patent Cooperation Treaty? (5)
4. Discuss the advantages of filing a patent under PCT. (10)
5. (a) What are the special patentability criteria in the US Patent System? (5)
(b) What is the interference system in the US patenting process? (5)
6. (a) Explain the difference between the most favoured nation (MFN) and national treatment, as envisaged in the TRIPS Agreement. (5)
(b) State any five differences between TRIPS Agreement and Paris Convention. (5)
7. (a) Explain, why industrial designs are treated as a separate category of IPR than patent and copyright? (5)
(b) Distinguish between an industrial design and a trademark with appropriate examples. (5)
9. (a) Justify the protection of integrated circuit layout designs as a separate category of IPRs. (5)
(b) Describe the scope of protection afforded by 1978 UPOV Convention. (5)
10. (a) Explain the meaning of essentially derived variety. What is the impact of protection afforded to these varieties by 1991 UPOV Convention? (2+3)
(b) Describe the various possible instruments of IPRs involved in the field of biotechnology. Explain each category with suitable examples, other than the ones described in your course material. (5)
======
TUTOR MARKED ASSIGNMENT
MIP-003: Industrial Property: Trademarks, Geographical Indications, Trade Secrets and Unfair Competition
Course Code: MIP-003
Assignment Code: MIP-003/TMA/2007
Maximum Marks: 100
Note: * All questions are compulsory.
* Please answer in your own words; do not copy from the course material.
1. Explain the following terms giving suitable examples: (10)
(i) Service Marks
(ii) Collective Marks
2. What are the signs which may serve as trademarks? Explain giving suitable examples. (10)
3. Identify and discuss the grounds on which a trademark can be removed from the register. (10)
4. Explain the meaning and importance of franchising. Discuss the factors that typically characterize a franchise relationship. (10)
5. What are the objectives of the Madrid System? What advantages do international registration of marks offer? (10)
6. What is the objective of the Trademark Law Treaty and who can become party to the treaty? Discuss the provisions of the TLT with reference to (10)
(i) Filing Date
(ii) Duration and renewal of registration
7. Explain the provisions of the Paris Convention concerning ‘Well-known Trademarks’. (10)
8. Explain the difference between indication of source and appellation of origin, giving suitable examples. List out the international arrangements available for protection of geographical indication.
(10)
9. What do you understand by the term Trade Secret? What measures should be taken by the enterprise to protect their trade secrets effectively? (10)
10. Write short notes on: (10)
(i) Misleading
(ii) Free Riding
======
TUTOR MARKED ASSIGNMENT
MIP-004: Copyright and Related Rights (International)
Course Code: MIP-004
Assignment Code: MIP-004/TMA/2007
Maximum Marks: 100
Note: * All questions are compulsory.
* Please answer in your own words; do not copy from the course material.
* Your answers should be precise and brief.
1. State whether the following statements are True or False giving reasons: (2´10)
a) The Royal Charter given to the Stationers’ Company was to protect the rights of the authors.
b) According to the Berne Convention, computer programmes are literary works.
c) Translation and adaptation enjoy copyright protection.
d) Copyright is a permanent right.
e) Revisions to Berne Convention at Stockholm (1967) reflect preferential considerations given to the developing countries.
f) A majority of countries have legislated for a term of life plus fifty years of protection.
g) The broadcasting organisations don’t have the right to prohibit unauthorised fixations.
h) Copyright protection extends to procedure and methods of operation and not to ideas.
i) Producers of phonogram cannot compete with performer for similar protection.
j) The Rome Convention established International Regulations because there were few national laws.
2. Describe the basic principles governing the Berne Convention. (10)
3. Describe the limitation of rights of authors and other owners of copyright. (10)
4. Describe the provisions in the Appendix to the Paris (1971) Act of the Berne Convention. (10)
5. Discuss in brief, what are related rights? (10)
6. Analyse two main features of TRIPS Agreement. (10)
7. What is Collective Management Organisation and who can become its member? (10)
8. Write a note on Internet Treaties. (10)
9. Describe the operational difficulties for copyright in digital era. (10)
======
7