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CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property

Ishaan Pharma Ltd invents a new process and keeps it confidential for years without registration, while its rival Veda Labs registers a patent on a different invention. A director says registration is the only way any IP can be protected. Which response is correct?

The director is incorrect. Patents require grant on application, but trade secrets are protected by maintaining confidentiality and through contractual and equitable remedies, and copyright arises on creation. Registration is therefore not universally required for IP to be protected.

  1. AIncorrect; some IP such as trade secrets is protected through confidentiality without registration, while patents require registrationCorrect
  2. BCorrect; every type of IP needs registration to exist
  3. CIncorrect; patents also arise automatically without registration
  4. DCorrect; confidential information has no legal protection in any form

Explanation

Patents are granted only on application and registration, but trade secrets are protected as long as secrecy is maintained, through contract and equity principles. Copyright also arises automatically on creation. Therefore the claim that all IP needs registration is wrong.

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