Multiple choice

According to the passage, India has ______.

Directions: Read the following passage and answer the given question.

Each of the forms of intellectual property has its place within an organization. Copyrights protect the form of expression of ideas, trademarks protect the identification of the source of ideas, and patents and trade secrets protect the application of ideas. Because a trade secret may be a patentable invention, tension may exist between the options of keeping an invention a trade secret or filing a patent application. Using a trade secret may eliminate the possibility of patenting an invention. On the other hand, the publication of a patent destroys any trade secrets which it discloses.

Foreign Trade Barriers 218

India implemented a strengthened copyright law in May 1995, creating one of the most modern systems for copyright protection in the developing world. In the year 2000, certain amendments to the Indian Copyright Act substantially weakened the Act’s once–strong software protection. These exceptions allow decompilation of a computer program, permit reproduction of a computer program so as to observe its functionality, and allow multiple copies of a computer program for personal, non–commercial use. The United States believes that the exceptions provided in the amendments are too broad and will lead to increased piracy. Article 13 of the TRIPS Agreement allows WTO Members to limit intellectual property protection as long as the exceptions or limitations do not unreasonably prejudice the right holder’s interests or conflict with the normal exploitation of the work. Other amendments in 2000, designed to meet TRIPs obligations, increased the period of protection of performers' rights from 25 years to 50 years, and extended the provisions of the Act to broadcasts and performances made in other countries only on a reciprocal basis.

Scientists, artists, authors, inventors and many others create new and unique ideas which result in products of different kinds – from complex machinery to household gadgets, novels and films for entertainment and mathematical or social concepts that changes the way people think and understand events and situations. These are products of people’s minds and imaginations. Human progress depends on such developments. Without them life would not be as interesting and comfortable.

The inventor, in turn, must have a proportional right on such products of his mind, as much as he has such rights in physical property that he owns. At the same time human progress requires that such inventions and discoveries are disseminated and used widely. Inevitably these inventions are far more common in rich nations than in poor ones. The market for such things is larger, the rewards are greater and the facilities for developments of this nature are incomparably better.

In order to progress, poor countries must have access to these inventions. In this century many countries have got access by imitation and usually without reward to the inventor. There is always a conflict between the need to provide incentives for discovery and invention and the need to limit this incentive both to a time period and on cost. In this way, the rights to intellectual property are looked at in a different way from physical property by society.

Copyrights relate to the right of the author or producer to have proprietary rights on his writings, films or other expressions. Trademarks are proprietary names given by manufacturers to their wares which identify their offering as their own and not any other similar offering; patents relate to the ownership right in a process of manufacture and also to the end product.

India has very strong laws relating to copyright. In the case of trademarks, the law is strong but there have been some restrictions, especially relating to the use of foreign brand names, and more so when royalty has to be paid for their use. These restrictions have been lifted.

The enforcement system through the police and judiciary is weak, and the penalties imposed on offenders are not severe. Violators do not stop their theft of other people's trademarks or copyright even after they have been convicted. Convictions are difficult to achieve even if the offender has been identified. However, many owners in India have developed their own policing systems and have often been able to successfully follow through cases.

  1. strong copyright laws but its trademark laws has restrictions

  2. restricted trademark laws but strong criminal laws

  3. restricted copyright laws and a weak enforcement system

  4. a weak enforcement system but a strong judiciary

Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

(2) is incorrect because neither trademark laws are restricted nor we have any reference to criminal laws. (3) is incorrect because we have weak enforcement system but not restricted copyright laws. (4) is incorrect because even the judiciary in India is weak and not strong as detailed in the option. Only option (1) exactly reflects the views from the passage.