SAVEETHA SCHOOL OF LAW
FEBRUARY 2025
COURSE : [Link] / [Link]/ [Link]. LLB (HONS)
Subject : IPR AND COMPUTER PROGRAMMES
Subject code : EG2090
Faculties : Mrs. Sanitta Maria & Mrs. Vinu Sree (LH 9)
Duration : 2Hrs 30Mins Max. Marks: 70
SECTION - A
ANSWER ALL THE QUESTIONS (70 x 1=70 Marks)
1. Under copyright law, a computer program is b) distributing a copyrighted program without
classified as: authorization
a) a literary work c) using a legally purchased software program
b) a patentable invention for personal use
c) a trademarked product d) modifying and selling a copyrighted
d) an artistic creation program without permission
Answer: Answer:
2. What rights does copyright protection grant 5. What is the doctrine of “fair use” in
to the owner of a computer program? copyright law?
a) the right to reproduce, distribute, and a) it allows unlimited use of copyrighted
modify the program software
b) the right to claim ownership over all similar b) it permits limited use of copyrighted
programs material without permission for education or
c) the right to prevent all software criticism
development in the same category c) it allows commercial resale of copyrighted
d) the right to charge fees for every use of a software
similar program d) it only applies to government-created
Answer: software
Answer:
3. In Whelan Associates v. Jaslow Dental
Laboratories, what did the court rule regarding 6. Which of the following is NOT a factor in
software structure? determining fair use?
a) only source code is protected by copyright a) the purpose and character of the use
b) the structure, sequence, and organization b) the amount and substantiality of the portion
(SSO) of a program can be copyrighted used
c) software functionality can be patented, but c) the popularity of the original work
not copyrighted d) the effect of the use on the potential market
d) copying software design is permissible Answer:
under fair use
Answer: 7. Which of the following is NOT a legal
defense against copyright infringement?
4. Which of the following activities is NOT a) fair use
considered copyright infringement? b) independent creation
a) making an exact copy of a program without c) claiming ignorance of copyright law
permission d) license agreement
Answer: c) it decides whether software can be reverse-
8. What was the central issue in the Google v. engineered legally
Oracle case? d) it evaluates the commercial impact of
a) whether google copied oracle’s object code software infringement
b) whether google’s use of oracle’s java api Answer:
was fair use
c) whether oracle’s copyright covered only the 13. What was the primary issue in Gottschalk
java programming language v. Benson (1972)?
d) whether google’s android operating system a) whether software code can be copyrighted
was an original work b) whether a mathematical algorithm
Answer: implemented on a computer is patentable
c) whether software patents should last longer
9. What was the final ruling of the U.S. than 20 years
Supreme Court in Google v. Oracle (2021)? d) whether all business methods should be
a) google’s use of oracle’s java api was not fair patentable
use Answer:
b) google had violated oracle’s copyright and
owed damages 14. What was the ruling of the U.S. Supreme
c) google’s use of oracle’s java api was fair use Court in Gottschalk v. Benson?
d) oracle’s copyright on the java api was a) software programs are patentable as long as
invalid they are novel
Answer: b) a computer program implementing a
mathematical algorithm is not patentable
10. Why is the Whelan Associates v. Jaslow c) all software should be protected by patents
Dental Laboratories case significant in and copyrights
copyright law? d) only algorithms written in assembly
a) it established that software’s functionality is language can be patented
always copyrightable Answer:
b) it was the first case to apply the fair use
doctrine to software 15. How did Parker v. Flook (1978) impact
c) it expanded the scope of copyright software patentability?
protection to software architecture a) it ruled that a mathematical formula alone is
d) it ruled that reverse engineering software is not patentable unless it has an inventive
legal concept
Answer: b) it expanded the scope of software patents
c) it established that business methods are
11. How did the ruling in Computer Associates patentable
v. Altai modify the Whelan decision? d) it determined that all computer programs
a) it accepted the idea that software structure is are non-patentable
copyrightable without any exceptions Answer:
b) it introduced the abstraction-filtration-
comparison (AFC) test for software 16. What was the significance of Diamond v.
copyrightability Diehr for software patents?
c) it confirmed that only source code can be a) it provided a clearer path for patenting
copyrighted software-related inventions
d) it ruled that software patents are more b) it completely banned software patents
important than copyright c) it declared that patents are unnecessary for
Answer: software innovations
d) it restricted software patents to financial
12. What is the significance of the AFC applications
(abstraction-filtration-comparison) test in Answer:
software copyright cases?
a) it helps determine which parts of a program 17. What was the primary focus of the
are protected by copyright Freeman-Walter-Abele test?
b) it assesses whether a software patent is valid
a) whether a software patent had a new c) hacking into government websites
business model d) using a VPN to browse the internet
b) whether a claimed invention included a Answer:
mathematical algorithm applied to a physical 23. Which law in the United States addresses
process cybersquatting?
c) whether software could replace human a) Digital Millennium Copyright Act (DMCA)
decision-making b) Anti-Cybersquatting Consumer Protection
d) whether software required more than 100 Act (ACPA)
lines of code c) Computer Fraud and Abuse Act (CFAA)
Answer: d) General Data Protection Regulation
(GDPR)
18. How did the State Street Bank case change Answer:
patent law?
a) it removed the “abstract idea” limitation for 24. What organization oversees domain name
software patents disputes globally?
b) it allowed patents for software that a) ICANN (Internet Corporation for Assigned
produced a “useful, concrete, and tangible Names and Numbers)
result” b) WIPO (World Intellectual Property
c) it banned software patents Organization)
d) it introduced a new requirement for c) USPTO (United States Patent and
software patents to be open-source Trademark Office)
Answer: d) INTERPOL
Answer:
19. What was the ruling of State Street Bank v.
Signature Financial Group regarding business 25. What is the primary dispute resolution
method patents? policy for cybersquatting cases?
a) business methods implemented on a) UDRP (Uniform Domain-Name Dispute-
computers can be patentable Resolution Policy)
b) business methods cannot be patented b) GDPR (General Data Protection
c) only financial software is patentable Regulation)
d) all patents must be approved by Congress c) WTO (World Trade Organization) policy
Answer: d) CFAA (Computer Fraud and Abuse Act)
Answer:
20. What is a common reason why software-
related patents get rejected? 26. What is “typosquatting”?
a) they are considered abstract ideas without a a) using a fake email to commit fraud
technical contribution b)registering domain names with common
b) they are written in outdated programming typographical errors of popular sites
languages c) hacking into a domain name system
c) they are submitted without code samples d) illegally selling domain names
d) they involve encryption technology Answer:
Answer
27. What is ransomware?
21. Which doctrine was laid in the case of a) a type of malware that locks files and
Gottschalk v. Benson case? demands payment for decryption
a) Fair use doctrine b) a program used to speed up computer
b)Mental step doctrine performance
c) Doctrine of Equivalents c) a security tool that protects against phishing
d) Doctrine of Transformation attacks
Answer: d) a virus that slows down network traffic
Answer:
22. What is cybersquatting?
a) unauthorized access to a computer network 28. What is the biggest risk associated with
b) registering, selling, or using a domain name weak passwords?
in bad faith to profit from a trademark a) they are difficult to remember
b) they can be easily guessed or cracked by device
attackers d) The trade name of the semiconductor
c) they take longer to type company
d) they slow down system performance Answer:
Answer:
29. Under Section 52(aa) of the Indian 34. What is the term of protection for
Copyright Act, 1957, transient and incidental semiconductor integrated circuit layout
storage of a work is permitted when: designs under the Semiconductor Integrated
a) It is done as part of the technological Circuits Layout-Design Act, 2000 in India?
process of transmission. a) 5 years from the date of application
b) It is stored permanently for future use. b) 10 years from the date of registration
c) The owner of the work doesn’t explicitly c) 15 years from the date of creation
allows it. d) 20 years from the date of first commercial
d) It is used for commercial distribution. use
Answer: Answer:
30. Under Section 52(ad), which of the
following is NOT an exception to copyright 35. Which of the following aspects of a
infringement? product is protected under industrial design
a) Storing a work temporarily as part of a law?
lawful transmission process. a) the functional aspects of the product
b) Copying a work for commercial resale. b) the aesthetic and ornamental features of the
c) Making incidental copies that do not affect product
the normal exploitation of the work. c) the brand name and logo of the product
d) Facilitating lawful access to the work. d) the written description of the product’s
Answer: manufacturing process
Answer:
31. Where is the Geographical Indication (GI)
Registry located in India? 36. Which of the following best defines an
a) It has office at Mumbai and chennai algorithm?
b) Only in New Delhi a) a detailed, step-by-step procedure or set of
c) Chennai rules to solve a problem or perform a task
d) Kolkata and Chennai b) a programming language used to develop
Answer: software applications
c) a hardware component that processes data
32. What was the key legal issue in the case of in a computer
Shivaji Rao Gaikwad v Varsha Productions? d) an encryption method used to secure digital
a) unauthorized use of a celebrity’s name and communications
identity in a film Answer:
b) copyright infringement of a movie script
c) trademark violation of a film production 37. How is a computer program different from
company's logo an algorithm?
d) defamation of a public figure in a published a) an algorithm is a set of logical steps to solve
article a problem, while a computer program is an
Answer: implementation of an algorithm in a
programming language
33. Under the Semiconductor Integrated b) an algorithm is written in a programming
Circuits Layout-Design Act, 2000, protection language, whereas a computer program is only
is granted to: a conceptual framework
a) The functional aspects of a semiconductor c) a computer program consists only of
chip mathematical formulas, while an algorithm
b) The three-dimensional layout of transistors includes code execution
and circuitry elements d) an algorithm requires hardware to function,
c) The software embedded in a semiconductor
whereas a computer program is independent of Non-Discriminatory) licensing requirement for
hardware standard-essential patents (SEPs)?
Answer: a) To ensure that SEP holders receive the
maximum financial return for their patents.
38. The 2002 amendment to the Indian Patent b) To prevent SEP holders from refusing to
Act was a result of the recommendations license their patents to competitors.
of which Joint Parliamentary Committee? c) To ensure that the terms for licensing SEPs
a) joint parliamentary committee on trade and are transparent and equitable, enabling
industry, 1999 widespread access to the standard while
b) joint parliamentary committee on patent law allowing patent holders to be compensated
reforms, 2000 fairly.
c) joint parliamentary committee on the d) To allow SEP holders to charge different
Patents (Second Amendment) Bill, 1999 licensing fees based on the size of the
d) joint parliamentary committee on licensee’s company.
intellectual property rights harmonization, Answer:
2002
Answer: 42. Which of the following is a key role of
Standard Setting Organizations (SSOs) in the
39. Which of the following statements is true context of Standard-Essential Patents (SEPs)?
regarding the latest guidelines for the a) SSOs are responsible for determining the
examination of Computer-Related Inventions exact licensing fees for SEPs.
(CRIs) by the Indian Patent Office? b) SSOs create the technical standards and
a) The latest CRI guidelines were issued in require members to disclose any patents that
2013 and emphasize the novelty of hardware might be essential to the implementation of
components. those standards.
b) The 2016 CRI guidelines are currently in c) SSOs manage the litigation of SEP disputes
effect, requiring hardware components to be between companies.
novel for patentability. d) SSOs exclusively determine whether a
c) The 2017 CRI guidelines are the most patent can be granted or not.
recent, removing the requirement for hardware Answer:
novelty and focusing on the technical effect of
the invention. 43. Which of the following inventions is
d) The Indian Patent Office has not issued any excluded from patentability under Section
specific guidelines for the examination of 3(m) of the Indian Patent Act, 1970?
CRIs. a) A new pharmaceutical composition for
Answer: treating a disease.
b) A novel agricultural technique for
40. Which of the following statements is true improving crop yield.
about Article 52 of the European Patent c) A scheme, rule, or method of performing a
Convention (EPC)? mental act or a method of playing a game.
a) It defines the criteria for granting a d) A new mechanical device for improving
European patent, including the requirement of industrial production efficiency.
novelty and inventive step. Answer:
b) It establishes that any invention relating to a
scientific theory or mathematical method is 44. Which of the following statements best
patentable. describes the role of a Person Skilled in the Art
c) It excludes certain subject matter, such as (PSITA) in the context of patent law under
computer programs and presentations of Indian Intellectual Property Rights (IPR)?
information, from patentability. a) PSITA refers to a person who is not skilled
d) It specifically defines the conditions for the in the relevant field of technology and is used
patentability of plant varieties. to assess whether an invention is innovative.
Answer: b) PSITA is a fictional person created by
patent law to help determine whether an
41. Which of the following is the primary invention is obvious to someone with ordinary
purpose of the FRAND (Fair, Reasonable, and knowledge in the relevant field.
c) PSITA refers to an individual who holds the a) Whether the patent application for a mobile
patent rights over an invention and assesses its phone technology was novel and inventive.
novelty. b) Whether the trademark infringement claim
d) PSITA is a special role within the patent related to the branding of mobile phones.
office, appointed to oversee the legal c) Whether the defendants violated the
procedures of patent registration. FRAND licensing terms for standard-essential
Answer: patents (SEPs).
d) Whether the mobile phone manufacturers
were liable for breaching an agreement over
45. Which of the following statements best exclusive distribution rights.
describes the "enablement clause" in patent Answer:
drafting?
a) The enablement clause requires that the 49. Which of the following best defines a
patent application describes the best mode of "patent troll"?
carrying out the invention. a) A company that actively develops and
b) The enablement clause mandates that the markets innovative products using its patents.
patent applicant disclose the specific financial b) A company that acquires patents solely to
benefits of the invention. enforce them against other companies for
c) The enablement clause ensures that the financial gain, often without making or selling
patent application provides sufficient detail for any products.
someone skilled in the art to reproduce the c) A company that patents new inventions and
invention without undue experimentation. licenses them to other companies for
d) The enablement clause allows the applicant development.
to keep certain parts of the invention secret d) A company that holds patents only to
and not disclosed in the application. protect its research and development activities.
Answer: Answer:
46. In which case was the "Seven Sthambhas 50. Who authored the judgment in the case
Test" given by Judge Amit Bansal? Ferid Allani v. Union of India,2019?
a) Ericsson AB v. Lava International Ltd. a) Justice Amit Bansal
b) Micromax Informatics Ltd. v. Ericsson AB b) Justice R.V. Raveendran
c) Qualcomm v. Ericsson c) Justice Pratibha M. Singh
d) Google Inc. v. Oracle Corporation d) Justice B.N. Srikrishna
Answer: Answer:
47. Which of the following best describes the 51. Which of the following best describes the
concept of Free and Open Source Software "priority date" in the context of patent law?
(FOSS)? a) The date when the patent application is filed
a) FOSS refers to software that is provided with the municipal patent office.
free of charge but with restricted access to its b) The date on which the invention is publicly
source code. disclosed.
b) FOSS allows users to freely use, modify, c) The date when the patent is granted to the
and distribute the software, with the source applicant.
code made publicly available. d) The earliest date from which an applicant
c) FOSS is a proprietary software that offers can claim rights to the invention, typically
free updates to users. determined by the first filing of a patent
d) FOSS only allows users to view the source application.
code but prohibits modification or Answer:
redistribution.
Answer: 52. What is the primary objective of the Patent
Cooperation Treaty (PCT)?
48. Which of the following best describes the a) To grant an international patent valid in all
key issue in the case Samsung and Spice member countries.
Mobiles v. Somasundaram Ram Kumar? b) To simplify the patent application process
by allowing a single application to be filed
internationally. D) An improved algorithm for optimizing
c) To grant patents on same date. manufacturing processes
d) To allow applicants to obtain patents only in Answer:
their home country.
Answer: 57. Select the true statement regarding the case
of Telefonaktiebolaget LM Ericsson v. Lava
53. Which of the following statements is true International Ltd.:
regarding the abolition of the Intellectual A) The case involved trademark infringement
Property Appellate Board (IPAB)? related to mobile phones.
a) The IPAB has been replaced by the National B) The Delhi High Court ruled that Lava
Intellectual Property Organization (NIPO). International Ltd. infringed Ericsson’s
b) The IPAB’s functions have now been Standard Essential Patents (SEPs) concerning
transferred to the High Courts for handling EDGE, 2G, and 3G technology standards.
intellectual property appeals. C) The case was about a breach of contract
c) The IPAB’s functions have been taken over between Ericsson and Lava International Ltd.
by the Ministry of Commerce and Industry. D) The court awarded Lava International Ltd.
d) The IPAB continues to operate but under a damages for patent infringement.
new structure with additional responsibilities. Answer:
Answer:
58. In the case of Blackberry Limited v.
54. Which of the following best defines Assistant Controller of Patents and Designs,
"technical effect" in the context of patent law? decided on August 30, 2024, the Delhi High
a) A solution to a non-technical problem. Court rejected Blackberry's patent application
b) A technical solution to a problem that the titled "Administration of Wireless Systems" on
invention aims to overcome, such as improved the grounds that the invention was:
speed or data compression. a) a business method
c) A result that improves the aesthetic b) a mathematical method or algorithm
appearance of an invention. c) a new chemical compound for medical
d) A business-related improvement in product treatment
design. d) a hardware invention without novelty
Answer: Answer:
55. Which of the following is true about 59. What must a trademark owner prove to win
"technical advancement" in patent law? a cybersquatting case?
a) Technical advancement always results from a) the domain name is similar to their
any technical effect. trademark
b) Technical advancement contributes to the b) the domain name was registered in bad faith
state of the art in any field of technology, but c) the registrant has no legitimate interest in
not all technical effects result in technical the domain
advancement. d) All of the above
c) Technical advancement is solely based on Answer:
the economic benefits of an invention.
d) Technical advancement refers to 60. What is an example of typosquatting?
improvements in the appearance of user a) registering “[Link]” to target users who
interfaces only. mistype “[Link]”
Answer: b) creating a website that copies another
website’s content
56. Which of the following is excluded from c) hacking into a government website
patentability under Section 3(k) of the Indian d) creating a fake email address to scam users
Patents Act? Answer:
A) A computer programme
B) A mathematical method or algorithm 61. Which of the following is NOT a factor in
C) A new method of treating a disease using a determining cybersquatting?
novel chemical compound a) whether the registrant has a legitimate
business reason for the domain
b) whether the domain is similar to a
trademark 67. What does “bad faith intent” mean in a
c) the colour scheme of the website cybersquatting case?
d)whether the registrant has a history of a) registering a domain to make a legitimate
cybersquatting business
Answer: b) using a domain for educational purposes
c) intentionally registering a domain to profit
62. What can a trademark owner request in a from someone else’s trademark
cybersquatting case under UDRP? d) making a website for personal use
a) penalties for the rightful owner Answer:
b) transfer of the domain name to the
trademark owner 68. Under GDPR, what is considered as a
c) cancellation of all domains owned by the personal data?
cybersquatter a) Any information related to an identifiable
d) a lifetime ban on internet use for the individual
cybersquatter b) Only financial data
Answer: c) Only healthcare records
d) Only public information
63. Which organization provides arbitration
services for UDRP cases? Answer:
a) WIPO (World Intellectual Property
Organization) 69. What is the main purpose of the Digital
b) FBI (Federal Bureau of Investigation) Personal Data Protection Act (DPDPA) in
c) ICANN (Internet Corporation for Assigned India?
Names and Numbers) a) To prevent all data transfers outside India
d) NSA (National Security Agency) b) To regulate the collection, processing, and
Answer: storage of personal data in India
c) To allow unrestricted data sharing among
64. Under GDPR, what are Data Subjects companies
rights? d) To control social media content
a) Right to access their personal data Answer:
b) Right to have their data deleted
c) Right to object to data processing 70. What does “domain kiting” refer to?
d) All of the above a) repeatedly registering and deleting domain
Answer: names to avoid payment
b) registering a competitor’s domain name
65. Which of the following is NOT an example c) hacking into domain registrars
of cybersquatting? d) creating multiple websites under one
a) registering a domain name similar to a domain
famous brand to resell it at a high price Answer:
b) creating a fan website using a company’s
trademark with permission
c) using a domain name to trick customers into
thinking it’s an official site
d)registering a domain and putting up
misleading advertisements
Answer:
66. Which legislation governs data protection
in the European Union (EU)?
a) GDPR
b) DPDPA
c) CCPA
d) HIPAA
Answer: