LAWS RELATING TO INFORMATION
Table of Contents
Theoretical Questions
Brief Answer Questions – 2 Marks
[2023 Spring Q. No. 10] Discuss the features of TRIP’s agreement.
Answer: Characteristics of the TRIPs Agreement:
The TRIPs Agreement harmonizes intellectual property legislation among member nations, providing worldwide safeguards for patents, copyrights, trademarks, and trade secrets. Its objectives include promoting innovation, ensuring equitable competition, and facilitating technology transfer, all while balancing the rights of creators with public interests.
[2022 Fall Q. No. 2] What are considered as offences related to computer according to ETA?
Answer: Cyber Offenses under the ETA:
The Electronic Transactions Act (ETA) criminalizes various activities, including hacking, unauthorized access, identity theft, online fraud, the dissemination of viruses, and the modification or deletion of data. These regulations are designed to secure electronic transactions and protect both individuals and organizations from cybercriminal activities.
[2021 Spring Q. No. 5] Define Cyber Law.
Answer: Cyber law encompasses the legal framework that regulates the internet, electronic communications, and digital technologies. It addresses matters such as cybercrimes, data protection, e-commerce, and intellectual property rights, ensuring lawful practices and security within the digital environment.
[2021 Spring Q. No. 10] Comment on Intellectual Property Right being a citizen of the third world.
Answer: Intellectual Property Rights in Developing Nations:
In developing countries, intellectual property rights (IPRs) play a crucial role in fostering innovation, attracting foreign investment, and driving economic development. Nonetheless, these countries encounter obstacles such as inadequate enforcement, limited awareness, and prohibitive costs, which impede the effective implementation of intellectual property systems.
[2021 Fall Q. No. 4] Why cyber law is important?
Answer: Significance of Cyber Law:
Cyber law is essential for safeguarding individuals and organizations against cyber threats, ensuring the privacy of data, and regulating digital transactions. It fosters trust in the digital economy and establishes a legal framework for resolving online disputes and addressing cybercrimes.
[2021 Fall Q. No. 6] [2019 Fall Q. No. 4] [2016 Spring Q. No. 5] Mention the different types of intellectual property.
Answer: Types of Intellectual Property:
- Patents: Safeguard inventions and technological advancements.
- Trademarks: Protect brand names, logos, and symbols.
- Copyrights: Secure artistic works such as literature, music, and films.
- Trade Secrets: Safeguard confidential business information.
- Geographical Indications: Identify products associated with specific geographical areas.
[2020 Spring Q. No. 7] [2019 Fall Q. No. 6] [2017 Fall Q. No. 9] State the scope of cyber law.
Answer: Scope of Cyber Law:
Cyber law encompasses various domains, including cybercrimes, data protection, regulation of e-commerce, intellectual property rights within the digital realm, and the legal frameworks governing digital contracts. It aims to facilitate the secure and responsible use of technology across multiple sectors.
[2020 Spring Q. No. 9] Define holder and holder in due course as per Negotiable Instruments Act, 2034.
Answer: Holder and Holder in Due Course:
A holder is defined as an individual possessing a negotiable instrument, whereas a holder in due course is one who acquires it in good faith, for value, and free from any title defects. The latter enjoys enhanced legal protections under the Negotiable Instruments Act of 2034.
[2019 Fall Q. No. 9] Why are intellectual property rights important? Give important reasons.
Answer: Importance of IPR:
Intellectual Property Rights (IPR) play a crucial role in fostering innovation by safeguarding the rights of creators and inventors. They attract investment, promote fair competition, and deter unauthorized use of intellectual property, thereby contributing to economic development and creativity.
[2019 Fall Q. No. 10] What is Geographical indications?
Answer: Geographical Indications:
Geographical Indications (GIs) denote products associated with a specific geographical area, recognized for their distinct qualities, reputation, or characteristics, such as Darjeeling tea or Basmati rice. GIs serve to protect the authenticity and cultural heritage of these products.
[2018 Spring Q. No. 5] What is Trademark?
Answer: A trademark is a distinctive sign, logo, or symbol that differentiates the goods or services of one enterprise from those of others. It establishes brand identity, fosters consumer trust, and prevents unauthorized usage by competitors.
[2018 Fall Q. No. 9] Mention the types of intellectual property.
Answer: Types of Intellectual Property:
- Patents: Safeguard inventions and technological advancements.
- Trademarks: Protect brand names, logos, and symbols.
- Copyrights: Secure artistic works such as literature, music, and films.
- Trade Secrets: Safeguard confidential business information.
- Geographical Indications: Identify products associated with specific geographical areas.
[2018 Fall Q. No. 9] Define cybercrime.
Answer: Cybercrime encompasses unlawful activities carried out through computers or the internet, including hacking, phishing, identity theft, online fraud, and the dissemination of malware. Such activities pose significant risks to individuals, businesses, and governmental entities.
[2018 Fall Q. No. 9] What is Patent?
Answer: A patent confers exclusive rights upon an inventor for a novel and useful invention. It permits the patent holder to utilize, sell, or license the invention for a designated period, typically safeguarding technological innovations.
[2017 Spring Q. No. 5] State the repatriation facility provided by Foreign Investment and Tech Technology Transfer Act, 1992.
Answer: Repatriation Facility under FITTA 1992:
Foreign investors in Nepal are permitted to repatriate profits, dividends, capital, and fees for technology transfer after fulfilling their tax obligations. These provisions are outlined in the Foreign Investment and Technology Transfer Act of 1992.
[2017 Spring Q. No. 10] What do you mean by patent? Mention the term of protection of patent under Nepalese law.
Answer: Patent Protection under Nepalese Law:
The Patent, Design, and Trademark Act of 2022 in Nepal provides patent protection for a duration of seven years, with the possibility of extending this period for an additional seven years. This legislation grants inventors exclusive rights to their original and innovative creations, thereby fostering technological advancement.
[2017 Fall Q. No. 10] Why Foreign investment and Technology Transfer law is essential in the third world?
Answer: Importance of Foreign Investment Law:
Laws governing foreign investment play a crucial role in attracting capital, facilitating technology transfer, and generating employment opportunities in developing nations. These laws provide various incentives, enable repatriation of profits, and ensure legal safeguards for foreign investors.
[2016 Spring Q. No. 10] Is there any difference between trademark and patent? Give reasons.
Answer: Difference Between Trademark and Patent:
A trademark serves to identify and protect a brand’s identity, encompassing elements such as logos and names, whereas a patent is designed to safeguard technical or functional inventions. Trademarks are primarily associated with commerce, while patents pertain to the realm of innovation.
What are the two important areas of intellectual property rights for protection? State them.
Answer: Two Key Areas of IPR Protection:
The two principal domains of intellectual property rights (IPR) protection are patents, which secure technological innovations, and trademarks, which preserve brand identity and combat counterfeiting.
SHORT ANSWER QUESTIONS – 10 MARKS
[2023 Fall Q. No. 12] “The present world is -words of intellectual properties.” Do you agree with above statement? Justify your answer with proper logical reasoning. Click here for Answer
[2023 Fall Q. No. 13] Explain the major features of Foreign Investments and Technology Transfer Act-2049. Click here for Answer
[2023 Spring Q. No. 12] What do you mean by term foreign investment? What facilities are provided to the foreign investors under the foreign investment and technology transfer act of Nepal? Click here for Answer
[2023 Spring Q. No. 17b] What measures has Nepal taken to ensure compliance with the TRIPS Agreement and strengthen its intellectual property regime? Click here for Answer
[2022 Fall Q. No. 12] Patent is an intellectual property. What legal provisions have been made under Patent, Design, and Trademark Act, 2022 for the protection of patents in Nepal? Discuss in detail. Click here for Answer
[2016 Spring Q. No. 16] Explain the major features of Foreign Investments and Technology Transfer Act-2049. Click here for Answer
[2020 Spring Q. No. 14] [2019 Spring Q. No. 13] Intellectual property Rights (IPRs) are gaining more popularity in the recent time in Nepal also. So many cases of its violation have been reported. Discuss important provisions relating to protection provided to trade marks in Nepal under Patent, Design and Trade Mark Act, 2022 B.S. Click here for Answer
[2020 Spring Q. No. 15] [2019 Spring Q. No. 16] [2019 Fall Q. No. 14] What are the facilities provided to the foreign investors for investing their capital in Nepal? Discuss. Click here for Answer
[2018 Fall Q. No. 16] [2016 Spring Q. No. 15] Discuss main provisions of patent, trademark and design. Click here for Answer
[2017 Spring Q. No. 16] [2017 Fall Q. No. 17] What do you understand by intellectual property? Describe the types of intellectual property. Click here for Answer
[2017 Fall Q. No. 16] State the importance of Telecommunication law in Nepalese context. Click here for Answer
State five important features of negotiable instrument. Click here for Answer
Trade Related Intellectual Right (TRIPs). Discuss. Click here for Answer
WRITE SHORT NOTES ON
[2023 Fall Q. No. 17a] [2019 Spring Q. No. 17b] [2018 Fall Q. No. 17c] Cyber law in Nepal. Click here for Answer
[2018 Spring Q. No. 11b] What are the facilities provided to the foreign investors for investing their capital in Nepal? Discuss. Click here for Answer
[2018 Spring Q. No. 12b] Bills of Exchange. Click here for Answer