MIP 107 Solved Assignment 2024-25
Trade Secrets, Competition Law and
Protection of TCE
MIP 107 Solved
Assignment 2024-25 : All assignments are in PDF format which would be send
on email/WhatsApp (9958676204) just after payment.
Assignment Code: ASST/ MIP 107 /2024-25
Marks: 100
Attempt all the questions:
Q1. Analyse the
provisions of TRIPS Agreement relating to the trade secrets.
The TRIPS
Agreement (Trade-Related Aspects of Intellectual Property Rights) is an
international agreement administered by the World Trade Organization (WTO) that
sets down minimum standards for many forms of intellectual property (IP)
regulation within the member countries. Trade secrets are one of the
intellectual property rights covered by TRIPS, alongside patents, copyrights,
trademarks, and geographical indications. Here's an analysis of the provisions
related to trade secrets within TRIPS:
Definition:
TRIPS does not provide a specific definition of trade secrets, but it generally
acknowledges their importance as intellectual property rights alongside
patents, copyrights, trademarks, and geographical indications.
Article 39:
Protection of Undisclosed Information: This article lays down the basic
framework for the protection of undisclosed information or trade secrets. It
requires member countries to ensure that legal systems offer the possibility of
protection against the unfair competition, including unlawful acquisition, use,
or disclosure of undisclosed information.
Scope of Protection:
TRIPS recognizes the importance of protecting undisclosed information in all
fields of technology, provided that the information is secret, has commercial
value because it is secret, and has been subject to reasonable steps to keep it
secret.
Enforcement:
TRIPS requires member countries to provide for civil and administrative
procedures and remedies to prevent the unlawful acquisition, use, and
disclosure of trade secrets. This includes injunctions, damages, and other
appropriate remedies.
Duration of
Protection: Unlike patents, copyrights, and trademarks, which have specified
durations, trade secret protection under TRIPS can theoretically last
indefinitely as long as the information remains secret and continues to meet
the requirements for protection.
International
Cooperation and Dispute Resolution: TRIPS encourages international cooperation
in the enforcement of trade secret protection and provides mechanisms for
dispute resolution between member countries.
Relationship
with Other IP Rights: TRIPS recognizes that trade secret protection should not
prejudice the protection of other intellectual property rights, such as
patents, trademarks, or copyrights. It allows countries to establish a balance
between trade secret protection and other forms of intellectual property
rights.
Exceptions and
Limitations: TRIPS allows member countries to provide limited exceptions to
trade secret protection for purposes such as public interest or competition
policy, provided that such exceptions do not unreasonably conflict with normal
exploitation of the undisclosed information and do not unreasonably prejudice
the legitimate interests of the trade secret holder.
In summary, the
provisions of the TRIPS Agreement relating to trade secrets establish a
framework for the protection of undisclosed information against unfair
competition and unlawful acquisition, use, or disclosure. They require member
countries to provide legal mechanisms and remedies for the enforcement of trade
secret rights while allowing for exceptions and limitations that balance the
interests of trade secret holders with those of the public and competitors.
Q2. What do you
understand by intellectual property induced dominance? Explain with an example
of abuse of such dominance.
Q3. When are the third
parties liable for using a trade secret? Discuss
Q4. Discuss section 4
of the Competition Act, 2002 on abuse of dominance.
Q5. What is Creative
Heritage project? What is the aim behind the launch of the Creative Heritage
project?
Q6. Write a note on
WIPO Intergovernmental Committee?
Q7. Discuss the
essentials of passing off action with the help of case law.
Q8. Discuss the
various modes of protection of trade secrets.
Q9. Describe the
relationship between unfair competition and undisclosed information as stated respectively
in Article 10bis of the Paris Convention and Article 39 of the TRIPS Agreement.
Q10. Write a note on
documentation of Traditional Cultural Expressions (TCEs).
Q11. Analyse linkages
between the protection of traditional cultural expressions and human rights issues.
Q12. Distinguish
between competition law and competition policy. What are the components of competition
policy? How intellectual property law interacts and affects the competition policy?
MIP 107 Solved
Assignment 2024-25 : All assignments are in PDF format which would be send
on email/WhatsApp (9958676204) just after payment.
MIP 107 Solved
Assignment 2024-25, MIP 107 Solved Assignment 2024-25, MIP 107 Solved Assignment
2024-25, MIP 107 Assignment, IGNOU
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IGNOU MIP 107 Solved
Assignment 2024-25 :- Those students
who had successfully submitted their Assignments to their allocated study
centers can now check their Assignment Status. Alongside --assignment status,
they will also checkout their assignment marks & result. All this is often
available in a web mode. After submitting the assignment, you'll check you MIP
107 Solved Assignment 2024-25 only after 3-4 weeks. MIP 107 Solved Assignment 2024-25
it'd take 40 days to declare MIP 107 Solved Assignment 2024-25
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