Current based PRELIMS QUESTION 21 May 2020

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1. Consider the following statements regarding the Kyasanur Forest Disease (KFD or monkey fever).
1. Recently, World Health Organisation (WHO) has  declared that KFD was fully eliminated in India.
2. It is caused by Kyasanur Forest disease virus (KFDV), a member of the virus family Flaviviridae.
3. No person-to-person transmission has been described.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer-a
Explanation
Kyasanur Forest Disease
Kyasanur Forest disease (KFD) is caused by Kyasanur Forest disease virus (KFDV), a member of the virus family Flaviviridae.
KFDV was identified in 1957 when it was isolated from a sick monkey from the Kyasanur Forest in Karnataka (formerly Mysore) State, India.
Since then, between 400-500 humans cases per year have been reported. Hard ticks (Hemaphysalis spinigera) are the reservoir of KFD virus and once infected, remain so for life. Rodents, shrews, and monkeys are common hosts for KFDV after being bitten by an infected tick. KFDV can cause epizootics with high fatality in primates.

Transmission
Transmission to humans may occur after a tick bite or contact with an infected animal, most importantly a sick or recently dead monkey. No person-to-person transmission has been described. Large animals such as goats, cows, and sheep may become infected with KFD but play a limited role

in the transmission of the disease. These animals provide the blood meals for ticks and it is possible for infected animals with viremia to infect other ticks, but transmission of KFDV to humans from these larger animals is extremely rare. Furthermore, there is no evidence of disease transmission via the unpasteurized milk of any of these animals.
Signs and Symptoms
After an incubation period of 3-8 days, the symptoms of KFD begin suddenly with chills, fever, and headache. Severe muscle pain with vomiting, gastrointestinal symptoms and bleeding problems may occur 3-4 days after initial symptom onset. Patients may experience abnormally low blood pressure, and low platelet, red blood cell, and white blood cell counts. After 1-2 weeks of symptoms, some patients recover without complication. However, the illness is biphasic for a subset of patients (10- 20%) who experience a second wave of symptoms at the beginning of the third week. These symptoms include fever and signs of neurological manifestations, such as severe headache, mental disturbances, tremors, and vision deficits. The estimated case-fatality rate is from 3 to 5% for KFD.
Risk of Exposure
KFD has historically been limited to the western and central districts of Karnataka State, India. However, in November 2012, samples from humans and monkeys tested positive for KFDV in the southernmost district of the State which neighbors Tamil Nadu State and Kerala State, indicating the possibility of wider distribution of KFDV. Additionally, a virus very similar to KFD virus (Alkhurma hemorrhagic fever virus) has been described in Saudi Arabia. People with recreational or occupational exposure to rural or outdoor settings (e.g., hunters, herders, forest workers, farmers) within Karnataka State are potentially at risk for infection by contact with infected ticks. Seasonality is another important risk factor as more cases are reported during the dry season, from November through June. Diagnosis
Diagnosis can be made in the early stage of illness by molecular detection by PCR or virus isolation from blood. Later, serologic testing using enzyme-linked immunosorbent serologic assay (ELISA) can be performed.
Treatment
There is no specific treatment for KFD, but early hospitalization and supportive therapy is important. Supportive therapy includes the maintenance of hydration and the usual precautions for patients with bleeding disorders. Prevention
A vaccine does exist for KFD and is used in endemic areas of India. Additional preventative measures include insect repellents and wearing protective clothing in areas where ticks are endemic. https://www.cdc.gov/vhf/kyasanur/pdf/factsheet.pdf

2. Consider the following statements regarding the Association for Democratic Reforms (ADR) report on political funding.
1. Electoral bonds accounted for 78% of the income from unknown sources.
2. As much as 67% of donations to national parties in 2018-19 came from unknown sources, an increase from 53% in the previous financial year, said a report released by the ADR.
3. Political parties are required to give details of all donations above ₹20,000, donations under ₹20,000 and those through electoral bonds remain anonymous.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer-d
Explanation
Donations to national Political Parties
As much as 67% of donations to national parties in 2018-19 came from “unknown sources,” an increase from 53% in the previous financial year, said a report released by the Association for Democratic Reforms (ADR).
The ADR analysed the income tax returns and donation statements submitted to the Election Commission by the BJP, the Congress, the Trinamool, the Communist Party of India, the Communist Party of India (Marxist), the Nationalist Congress Party and the Bahujan Samaj Party.
The total income of the parties was ₹3,749.37 crore, of which ₹951.66 crore was from known donors.
Of the total income from unknown sources, 64% went to the BJP and 29% to the Congress. Electoral bonds accounted for 78% of the ₹2,512.98-crore income from unknown sources. While parties are required to give details of all donations above ₹20,000, donations under ₹20,000 and those through electoral bonds remain anonymous. “Since a very large percentage of the income of political parties cannot be traced to the original donor, full details of all donors should be made available for public scrutiny under the RTI [Right to Information Act],” the ADR said in a statement.

3. Consider the following statements regarding the Intellectual Property Appellate Board (IPAB).
1. It has been constituted under section 83 of the Trade Marks Act, 1999 in the Ministry of Commerce and Industry of the Central Government in 2003.
2. It hears appeals against the decisions of the Registrar under the Trade Marks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999.
3. This Board has its headquarters at Delhi and shall have sittings at Chennai, Mumbai, Delhi, Kolkata and Ahmedabad.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer-b
Explanation
Intellectual Property Appellate Board (IPAB)
Intellectual Property Appellate Board has been constituted by a Gazette notification of the Central Government in the Ministry of Commerce and Industry on 15th September 2003 to hear appeals against the decisions of the Registrar under the Trade Marks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999.
The Intellectual Property Appellate Board has its headquarters at Chennai and shall have sittings at Chennai, Mumbai, Delhi, Kolkata and Ahmedabad.
Section 83 of the Trade Marks Act, 1999(Act), provides for the establishment of an Appellate Board to be known as the Intellectual Property Appellate Board (IPAB).
The provisions relating to IPAB are contained in sections 83 to 100 of the above Act. The Intellectual Property Appellate Board has been established by the Central Government with effect from 15th September, 2003 vide Government of India Gazette Notification No. S.O.1049 (E) dated 15th September, 2003 with its office at Chennai.
In terms of the Notifications No.12/15/2006-IPR-III) dated 2/4/2007 issued by the Ministry of Commerce & Industry, the provisions of the Patent Amendment Act, 2002 and the Patents Amendment Act, 2005, relating to the Intellectual Property Appellate Board have been brought into force. Thus, all the Appeals pending before the various High Courts will stand transferred to the IPAB. Likewise, fresh Rectification Applications under the Patents Act, 1970, will have to be filed before the IPAB.
In pursuance of Section 160(a) & 160 (c) of Finance Act, 2017 (7of 2017), the Intellectual property Appellate Board established under section 83 of the Trade Marks Act, 1999(47 of 1999) shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 be the Appellate Board for the purposes of this Act and the said Appellate Board shall exercise the jurisdiction, powers and authority conferred on it by or under this Copy Right Act, 1957. In view of the same, all the cases pending before the Copy Right Board were transferred to Intellectual Property Appellate Board.
The transitional Provision was invoked as per Section 59 of Protection of Plant Varieties and Farmers Act (Section 53 of 2011), and Intellectual Property Appellate Board established under Trade Mark Act shall exercise the jurisdiction, powers and authority conferred with Plant Varieties Protection Appellate Tribunal (PVPAT) to hear the appeal as per Section 56 of the Act.
Dr. Onkar Nath Singh has been appointed as Technical Member for the Plant Varieties Protection Appellate Tribunal (PVPAT).
https://ipab.gov.in/about.php

4. Consider the following statements regarding the Geographical Indication (GI) tag.
1. GI tag identifies a good as originating from a particular place whereas a trademark identifies a good or service as originating from a particular company.
2. As a member of the WTO, India had enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999, which came into force from 2016.
3. The Department for Promotion of Industry and Internal Trade, under the Ministry of Commerce and Industry award GI tag.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer-C
Explanation-
GI or Geographical Indication
A GI or Geographical Indication is a name or a sign given to certain products that relate to a specific geographical location or origins like a region, town or country.
Using Geographical Indications may be regarded as a certification that the particular product is produced as per traditional methods, has certain specific qualities, or has a particular reputation because of its geographical origin.
Geographical indications are typically used for wine and spirit drinks, foodstuffs, agricultural products, handicrafts, and industrial products.
GI Tag ensures that none other than those registered as authorized users are allowed to use the popular product name. In order to function as a GI, a sign must identify a product as originating in a given place.
Who accords and regulates Geographical Indications?
Geographical Indications are covered as a component of intellectual property rights (IPRs) under the Paris Convention for the Protection of Industrial Property. At the International level, GI is governed by the World Trade Organization’s (WTO’s) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In India, Geographical Indications registration is administered by the Geographical Indications of Goods (Registration and Protection) Act, 1999 which came into force with effect from September 2003. The first product in India to be accorded with GI tag was Darjeeling tea in the year 2004-05.
Issues-Benefits of GI Tags
The Geographical Indication registration confers the following benefits:
 Legal protection to the products
 Prevents unauthorized use of GI tag products by others
 It helps consumers to get quality products of desired traits and is assured of authenticity.
 Promotes the economic prosperity of producers of GI tag goods by enhancing their demand in national and international markets.
Along with the benefits, there are certain issues associated with GI tags as well. Off late, there has been a rise in disputes over the question of the place of origin of the product under consideration. This gets aggravated due to a lack of clear historical evidence.
For example, the disputes surrounding the origin of Roshogulla, a popular dessert, from eastern India. Both West Bengal and Odisha claim that the dessert originated in their own states. By ‘winning’ a GI tag, each state is looking to promote its own cultural and regional jingoism over the other.
This sort of unhealthy competition tends to polarize the country on regional, cultural and linguistic lines. Most states in their rush to corner as many GI tags as possible have forgotten to pay attention to enhance the value of products already having a GI tag.
As a result, neither the local community nor the customer is benefitting economically. This trend undercuts the very idea of GI protection to native endemic products.
Significance of GI Tags
A geographical indication right facilitates those who have the right to use the indication to prohibit its usage by a third party whose product does not conform to the applicable standards.
For example, in the purview in which the Darjeeling geographical indication is protected, producers of Darjeeling tea can omit the term “Darjeeling” for tea not grown in their tea gardens or not produced according to the norms set out in the code of practice for the geographical indication.
However, a protected GI does not permit the holder to forbid someone from making a product using the same approaches as those set out in the standards for that indication. Protection for a GI tag is usually procured by acquiring a right over the sign that constitutes the indication.
Role of GI in Rural Development
Geographical indications are mostly traditional products, produced by rural communities over generations that have gained prominence on the markets for their precise qualities.
The recognition and protection of the markets of these products allow the producers’ community to devote and maintaining the precise qualities of the product on which the reputation is built. This might also allow them to invest together in promoting the reputation of the product.
Some of the observed rural development impacts of GI are:
 The supply chain is structured around a common product reputation
 Increased and stabilized prices for the GI product
 Distributed through all the levels of the supply chain adds value
 Natural resources can be preserved on which the product is based
 Preservation of traditions and traditional expertise
 Tourism can be boosted
Geographical Indications Protection
Geographical indications are protected and preserved in various countries and regional systems through a wide array of approaches and often using a consolidation of two or more approaches.
There are three major ways to protect a geographical indication:
 So-called sui generis systems (i.e. special regimes of protection)
 Using collective or certification marks
 Techniques concentrating on business practices, including administrative product approval schemes.
These approaches have been developed in consonance with different legal practices and within a framework of individual historical and economic conditions.
The approaches to protect GI comprise of differences with respect to critical questions like conditions for protection or the scope of protection. On the other hand, the two modes of protection mentioned above namely sui generis systems and collective or certification mark systems, share some common characteristics, such as the fact that they set up rights for collective use by those who comply with defined standards.
Summary of Geographical Indications in India
 Geographical Indications of Goods are defined as that aspect of industrial property which refers to the geographical indication referring to a country or to a place situated therein as being the country or place of origin of that product.
 Under Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property, geographical indications are covered as an element of IPRs.
 Typically, the GI tag conveys an assurance of quality and distinctiveness which is essentially attributable to the fact of its origin in that defined geographical locality, region or country.
 They are also covered under Articles 22 to 24 of the TRIPS -Trade-Related Aspects of Intellectual Property Rights Agreement, which was part of the Agreements concluding the Uruguay Round of GATT negotiations.
 Promoters of Geographical indications regard them as strong tools for protecting their national property rights. Opponents, however, consider GI as a barrier to trade.
GI Tags products (2019):
Odisha – Kandhamal Haldi
Himachal Pradesh – Kala Zeera
Chhattisgarh – Jeeraphool Rice
Karnataka – Coorg Arabica Coffee
Andhra Pradesh – Araku Valley Arabica
Kerala – Wayanad Robusta Coffee
Karnataka- Sirsi Supari

5. Consider the following statements regarding the Yes Bank Ltd Reconstruction Scheme, 2020.
1. The RBI announced the ‘Scheme of Reconstruction’ that entails the State Bank of India investing capital to acquire a 49% stake in the restructured private lender.
2. The RBI may appoint Additional Directors in exercise of the powers conferred by sub-section (1) of Section 36AB of the Banking Regulation Act, 1949.
3. The members of the Board so appointed shall continue in office for a period of one year, or until an alternate Board is constituted by Yes Bank Ltd.
Which of the following statements is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer-d