Intellectual Property Law MCQs and mock tests

Intellectual Property Law practice sets

3 sets, 1 free.

• Intellectual Property Law Practice Set 130 questions · AIBE (All India Bar Examination)Free
• Intellectual Property Law Practice Set 330 questions · AIBE (All India Bar Examination)₹49
• Intellectual Property Law Practice Set 430 questions · AIBE (All India Bar Examination)₹49

Exams with Intellectual Property Law questions

• AIBE (All India Bar Examination) · 93
• LL.M. Entrance (CUET PG, AILET PG, PGLCET) · 24
• UGC NET Law · 18
• Delhi Higher Judicial Service (DHJS) · 15

Sample Intellectual Property Law questions

From free papers. Try each one before you open the answer.

1. Question 1 · Intellectual Property Law Practice Set 1

   Under the proviso to Section 52(1)(c) of the Copyright Act, 1957, a person responsible for transient or incidental storage of a work for providing electronic links who receives a written complaint of infringement from the copyright owner must refrain from facilitating access for:

   1. A. Fourteen days, after which access must be blocked permanently
   2. B. Thirty-six hours, unless the owner files a suit within that time
   3. C. Twenty-one days, or until he receives an order from the competent court
   4. D. Thirty days, after which the owner's complaint is deemed to be withdrawn
   Show the answer

   C. Twenty-one days, or until he receives an order from the competent court

   The proviso to Section 52(1)(c) requires the person to refrain from facilitating access for twenty-one days or till he receives an order from the competent court; if no such order is received within twenty-one days, he may continue to provide access.

2. Question 2 · Intellectual Property Law Practice Set 1

   A hotel receives sound recordings and transmits them by cable to television sets in its residential guest rooms. When the copyright owner objects, the hotel argues that each occupied room is a private place where no member of the public is present. Under the Copyright Act, 1957:

   1. A. There is no infringement, as Section 52 exempts music provided by any hotel as part of its amenities for residents
   2. B. The transmission is deemed communication to the public, as the Explanation to Section 2(ff) covers residential rooms of a hotel
   3. C. There is communication to the public only if the guests pay the hotel a separate charge for receiving the music channel in their rooms
   4. D. There is no communication to the public, as a guest room is treated as a private dwelling while it is occupied
   Show the answer

   B. The transmission is deemed communication to the public, as the Explanation to Section 2(ff) covers residential rooms of a hotel

   The Explanation to Section 2(ff) deems communication through satellite, cable or other simultaneous means to more than one household or place of residence, including residential rooms of any hotel or hostel, to be communication to the public. Section 52(1)(k)(i) excludes hotels and similar commercial establishments from the exemption for residential premises.

3. Question 3 · Intellectual Property Law Practice Set 1

   P and Q jointly wrote a novel, which was published in 1995 during the lifetime of both. P died in 2003 and Q died in 2012. Under the Copyright Act, 1957, copyright in the novel subsists until:

   1. A. The end of the year 2063
   2. B. The end of the year 2072
   3. C. The end of the year 2055
   4. D. The end of the year 2075
   Show the answer

   B. The end of the year 2072

   Under Section 22, copyright in a literary work published in the author's lifetime lasts until sixty years from the beginning of the calendar year next following the year in which the author dies, and the Explanation says that for a work of joint authorship this means the author who dies last. Q died in 2012, so the sixty years run from 1 January 2013 and end on 31 December 2072.

4. Question 4 · Intellectual Property Law Practice Set 1

   During a wedding procession, a band plays popular film songs and a vehicle in the procession plays sound recordings through loudspeakers. No licence has been taken from the copyright owners. Under the Copyright Act, 1957:

   1. A. This is not infringement, but only if none of the band members is paid anything for performing in the procession
   2. B. This is not infringement, as Section 52(1)(za) treats a marriage procession as a religious ceremony
   3. C. This is infringement, because the songs are being performed in a public street
   4. D. This is infringement unless the families have taken a licence from a registered copyright society
   Show the answer

   B. This is not infringement, as Section 52(1)(za) treats a marriage procession as a religious ceremony

   Section 52(1)(za) exempts the performance of a literary, dramatic or musical work, or communication of such work or a sound recording, in the course of a bona fide religious ceremony, and its Explanation says a religious ceremony includes a marriage procession and other social festivities associated with a marriage. Payment to the performers is not a condition.

5. Question 5 · Intellectual Property Law Practice Set 1

   Consider the following statements: 1. Under the Copyright Act, 1957, a police officer not below the rank of sub-inspector may seize without warrant infringing copies of a work if satisfied that an offence under Section 63 has been, is being or is likely to be committed. 2. Under the Trade Marks Act, 1999, a police officer not below the rank of Deputy Superintendent of Police may search and seize without warrant in respect of offences under Sections 103 to 105, but must first obtain the opinion of the Registrar on the facts. 3. Under the Trade Marks Act, 1999, offences under Sections 103, 104 and 105 are non-cognizable. Which of the statements given above are correct?

   1. A. 2 and 3 only
   2. B. 1, 2 and 3
   3. C. 1 and 2 only
   4. D. 1 and 3 only
   Show the answer

   C. 1 and 2 only

   Statement 1 is Section 64(1) of the Copyright Act. Statement 2 is Section 115(4) of the Trade Marks Act, whose proviso requires the officer to obtain and abide by the Registrar's opinion before search and seizure. Statement 3 is wrong because Section 115(3) makes offences under Sections 103, 104 and 105 cognizable.