NLNET Law 058
UGC NET LAW · CODE 058 · UNIT 09

UGC NET Law Unit 9: IPR and IT Law Notes and MCQs

Unit 9 of UGC NET Law (code 058) covers intellectual property statutes and the law of cyberspace. Questions test terms of protection, section numbers, treaty names and a short list of landmark cases. These notes give the syllabus topics in order, a term-of-protection table and sample questions you can try straight away.

  • Copyright Act 1957
  • Patents Act 1970
  • Trade Marks Act 1999
  • IT Act 2000
  • DPDP Act 2023
  • 10 syllabus topics
  • 350+ free MCQs
  • No sign-up
  • Updated 11 October 2026

NET Law 058 is an independent study aid, not affiliated with UGC or NTA. Always check the official UGC NET syllabus and the current bare Acts.

What Unit 9 covers

IPR and IT law reward precise numbers and case names, so short repeated drills work better than long reading. The official syllabus lists 10 topics for this unit. Each is explained below with the points examiners most often use.

1Concept and meaning of intellectual property

  • Intellectual property is a set of exclusive rights over creations of the mind, such as works, inventions, marks and designs. It is intangible and territorial.
  • Main forms: copyright and related rights, patents, trade marks, designs, geographical indications, plant varieties and layout designs of integrated circuits.
  • Copyright protects expression and not ideas (idea-expression dichotomy). Patents protect inventions in return for public disclosure.
  • Trade secrets and confidential information are protected mainly through contract and equity, as India has no separate statute.

2Theories of intellectual property

  • Labour theory (Locke): a person has a natural right to the fruits of his labour.
  • Personality theory (Hegel; also Kant): a work expresses the creator's personality, which supports moral rights.
  • Utilitarian or incentive theory (Bentham): rights are granted to encourage creation and benefit society.
  • Reward theory and social planning theories justify limits such as fair dealing, limited terms and compulsory licences.

3International conventions pertaining to intellectual property

  • Paris Convention 1883 (industrial property: national treatment, right of priority). Berne Convention 1886 (copyright: national treatment, automatic protection, minimum standards).
  • TRIPS Agreement 1994, administered by the WTO, sets minimum standards for all major IP forms and came into force in 1995. WIPO was established in 1967 and administers many treaties.
  • Patent Cooperation Treaty 1970 (international patent filing), Madrid system (international trade mark registration), Rome Convention 1961 (performers, producers, broadcasters) and the WIPO Internet Treaties of 1996 (WCT and WPPT).
  • Marrakesh Treaty 2013 supports access for persons with print disabilities. The Convention on Biological Diversity 1992 links IP with genetic resources.

4Copyright and neighbouring rights: subject matter, limitations, exceptions, infringement and remedies

  • The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works, cinematograph films and sound recordings (section 13). Exclusive rights are in section 14 and moral rights (paternity and integrity) in section 57.
  • The general term for literary, dramatic, musical and artistic works is the author's life plus 60 years. Performers' rights last 50 years and the broadcast reproduction right 25 years. Registration is not mandatory, but the Register is prima facie evidence of particulars entered in it.
  • Exceptions: fair dealing for private use, research, criticism, review and reporting of current events, along with other uses listed in section 52. The 2012 amendment added provisions for persons with disabilities and statutory licensing for broadcasting.
  • Remedies: civil (injunction, damages, accounts) and criminal. Neighbouring rights cover performers (section 38), producers of sound recordings and broadcasting organisations. Originality test in India: modicum of creativity (Eastern Book Company v. D.B. Modak, 2008).

5Patent law: patentability, grant procedure, limitations, exceptions, infringement and remedies

  • The Patents Act, 1970, amended in 2005 to introduce product patents in all fields of technology and bring India into line with TRIPS. A patentable invention must be new, involve an inventive step and be capable of industrial application.
  • Section 3 lists what are not inventions. Section 3(d) excludes mere new forms of known substances unless there is enhanced efficacy (Novartis, 2013). Section 3(k) excludes computer programmes per se. Section 4 bars patents for inventions relating to atomic energy.
  • Procedure: application, publication after 18 months, request for examination, examination, pre-grant opposition, grant and post-grant opposition within one year of publication of grant. The term is 20 years from the date of filing.
  • Compulsory licence under section 84 can be sought after three years from grant on grounds such as reasonable requirements of the public, affordability and working in India. Section 92 covers national emergency. Section 107A permits uses for regulatory approval (Bolar provision). Infringement suits lie in a district court or High Court.

6Trademark law: registration, kinds, infringement, passing off and remedies

  • The Trade Marks Act, 1999 allows registration of a mark that is capable of being represented graphically and distinguishing the goods or services of one person from others. Sections 9 and 11 list absolute and relative grounds for refusal.
  • Kinds of marks: trade marks, service marks, certification marks, collective marks, well-known marks and, recently, shape and sound marks. Registration lasts 10 years and is renewable for further periods of 10 years.
  • Infringement is dealt with in section 29. Passing off is a common-law action to protect goodwill and is saved by section 27(2). Tests: deceptive similarity, likelihood of confusion, and the view of an average person with imperfect recollection (Amritdhara, 1963; Cadila, 2001).
  • Remedies: injunction, damages or an account of profits, and delivery up. India acceded to the Madrid Protocol in 2013.

7Protection of geographical indications

  • The Geographical Indications of Goods (Registration and Protection) Act, 1999 came into force in 2003. A GI identifies goods as originating in a territory where a given quality, reputation or characteristic is essentially attributable to its origin.
  • Registration lasts 10 years and is renewable. The Registry is at Chennai. Registered proprietors and authorised users can sue for infringement.
  • Darjeeling tea was the first Indian GI registration. The Act aligns with Articles 22 to 24 of TRIPS.
  • A GI protects a collective right of producers of a region, unlike a trade mark, which is owned by an individual or business.

8Biodiversity and traditional knowledge

  • The Convention on Biological Diversity 1992 rests on conservation, sustainable use and fair and equitable sharing of benefits. The Nagoya Protocol 2010 deals with access and benefit sharing.
  • The Biological Diversity Act, 2002 created the National Biodiversity Authority (Chennai), State Biodiversity Boards and Biodiversity Management Committees. Access by foreigners and certain IPR applications need NBA approval.
  • The Protection of Plant Varieties and Farmers' Rights Act, 2001 protects breeders and recognises farmers' rights.
  • Traditional knowledge: the Traditional Knowledge Digital Library (2001) serves as prior art. The turmeric and neem disputes and the basmati controversy are the usual examples of biopiracy.

9Information technology law: digital and electronic signatures, e-governance, electronic records and subscriber duties

  • The Information Technology Act, 2000 is based on the UNCITRAL Model Law on Electronic Commerce, 1996. It was substantially amended in 2008.
  • Section 3 covers authentication by digital signature using asymmetric cryptosystem and hash function. The 2008 amendment added electronic signatures in section 3A. Sections 4 to 10A give legal recognition to electronic records, signatures and electronic contracts, and provide for e-governance.
  • The Controller of Certifying Authorities and Certifying Authorities regulate digital signature certificates. Subscriber duties relating to key pairs and certificates are in sections 40, 40A and 41.
  • Intermediaries get conditional safe harbour under section 79. Electronic evidence is admissible on satisfying the certificate requirement (earlier section 65B of the Evidence Act, now section 63 of the Bharatiya Sakshya Adhiniyam, 2023).

10Cybercrimes, penalties and adjudication

  • Section 43 gives civil liability (compensation) for unauthorised access, data theft, introducing virus and similar acts. Section 66 makes the same acts criminal if done dishonestly or fraudulently. Section 43A concerns failure to protect sensitive data by a body corporate.
  • Offences added or recast in 2008: identity theft (66C), cheating by personation (66D), violation of privacy (66E), cyber terrorism (66F), obscene material (67) and child sexual abuse material (67B). Section 66A was struck down in Shreya Singhal v. Union of India (2015).
  • Adjudicating officers decide civil claims under section 46, and appeal lies to the Appellate Tribunal (TDSAT).
  • The Digital Personal Data Protection Act, 2023 regulates digital personal data through consent, duties of data fiduciaries, rights of data principals and a Data Protection Board of India. Puttaswamy (2017) is the constitutional foundation.

Quick reference tables

Term of protection in India
RightStatuteTerm
Copyright in literary, dramatic, musical and artistic worksCopyright Act, 1957Life of author plus 60 years
Performers' rightsCopyright Act, 195750 years
Broadcast reproduction rightCopyright Act, 195725 years
PatentPatents Act, 197020 years from filing
Trade markTrade Marks Act, 199910 years, renewable
Registered designDesigns Act, 200010 years, extendable by 5 years
Geographical indicationGI Act, 199910 years, renewable
International IP instruments
InstrumentSubject
Paris Convention 1883Industrial property
Berne Convention 1886Copyright
Rome Convention 1961Performers, producers and broadcasters
Patent Cooperation Treaty 1970International patent filing
TRIPS 1994Minimum standards under the WTO
WCT and WPPT 1996Copyright and performers' rights in the digital environment
Madrid systemInternational registration of marks

Landmark cases to revise

Amritdhara Pharmacy v. Satya Deo Gupta1963

Deceptive similarity of marks is judged by an average buyer with imperfect recollection.

R.G. Anand v. Delux Films1978

Copyright protects expression and not ideas or themes.

Yahoo! Inc. v. Akash Arora1999

A domain name can be protected against passing off.

Cadila Health Care v. Cadila Pharmaceuticals2001

Stricter standard of deceptive similarity for medicinal products.

Eastern Book Company v. D.B. Modak2008

Copyright in law reports requires a modicum of creativity.

Natco Pharma v. Bayer2012

First compulsory licence in India, for the cancer drug Nexavar.

Novartis AG v. Union of India2013

Section 3(d) upheld and the Glivec beta crystalline form refused a patent for lack of enhanced efficacy.

Shreya Singhal v. Union of India2015

Section 66A of the IT Act struck down as violating Article 19(1)(a).

K.S. Puttaswamy v. Union of India2017

Right to privacy is a fundamental right under Article 21.

Anvar P.V. v. P.K. Basheer2014

Electronic records are admissible only with the certificate required by section 65B of the Evidence Act.

Practise IPR & IT Law MCQs topic by topic

Beyond the six samples, all 362 questions for this unit are on their own pages, grouped by syllabus topic, with the answer key on the page.

See all 24 topic sets (362 MCQs) →

Try 6 sample questions

Tap “Show answer” after you have tried each one. These come from the 350+ MCQs in this unit.

1Term of a patent in India is:

  1. 14 years
  2. 10 years
  3. 20 years from filing
  4. 25 years
Show answer and explanation

Answer: C. 20 years from filing

Twenty years from the date of filing.

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2Evergreening and Section 3(d) were considered in:

  1. Novartis AG v. Union of India
  2. Bayer v. Natco
  3. Monsanto v. Nuziveedu
  4. Roche v. Cipla
Show answer and explanation

Answer: A. Novartis AG v. Union of India

Decided in 2013.

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3Assertion (A): A patent may be granted for the mere discovery of a natural substance. Reason (R): Discoveries of scientific principles are excluded from patentability.

  1. Both A and R are true, and R is the correct explanation of A
  2. Both A and R are true, but R is not the correct explanation of A
  3. A is true, but R is false
  4. A is false, but R is true
Show answer and explanation

Answer: D. A is false, but R is true

A is false; R is true.

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4Consider the statements: 1. Copyright registration is mandatory for its subsistence in India. 2. Registration is prima facie evidence.

  1. Only statement 1 is correct
  2. Only statement 2 is correct
  3. Both statements are correct
  4. Neither statement is correct
Show answer and explanation

Answer: B. Only statement 2 is correct

Registration is not mandatory.

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5Match: A Berne, B PCT, C TRIPS, D Madrid with (1) Patent filing (2) Copyright (3) International trade mark registration (4) WTO minimum standards

  1. A-2, B-1, C-4, D-3
  2. A-2, B-4, C-1, D-3
  3. A-1, B-2, C-3, D-4
  4. A-3, B-1, C-2, D-4
Show answer and explanation

Answer: A. A-2, B-1, C-4, D-3

IP instruments.

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6The first Indian GI tag was granted to:

  1. Pochampally
  2. Darjeeling Tea
  3. Basmati
  4. Kancheepuram Silk
Show answer and explanation

Answer: B. Darjeeling Tea

GI Act, 1999.

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Practise all 350+ Unit 9 MCQsTake a free mock test

How to study this unit

  • Build one table of terms of protection (copyright, patent, mark, design, GI) and test yourself on it daily. These numbers appear again and again.
  • For patents, know section 3(d), section 84 and the 20-year term, with Novartis and Natco as the two cases.
  • In IT law, learn which sections are civil (43) and which criminal (66 to 67B), and remember that 66A no longer exists.

Planning your time? See the UGC NET Law preparation plans for 6 months, 3 months, 1 month or 2 weeks, or check the cut-off trend to set a target score.

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Last updated: . Notes are a revision aid and not legal advice. Spotted a mistake? Write to netlawverse@gmail.com.