B.A. LL.B. (Five Years) Sem 9 Intellectual Property Rights I 2018 Jun Question Paper - KSLU

Questions asked in this paper

1. Q1 Discuss the Principles underlying the patent law in India with exceptions, if any.
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2. Q2 Who can file an application for patent ? Discuss the procedure for acceptance of application and grant of patent.
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3. Q3 Explain the salient features of Trade Marks Act, 1999.
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4. Q4 Discuss the various legal reliefs against infringement of trade marks. What are the defences available to defendant in an infringement suit?
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5. Q5 Define Geographical Indication and discuss the procedure for registration of Geographical Indication under G-I Act 1999.
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6. Q6 Discus the concept of patenting of software and copyright protection of software programmes.
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7. Q7 Discuss the salient features of madrid convention.
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Write short note on any two of the following.

1. Q8 (a) Honest and Concurrent user
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2. Q8 (b) Passing
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3. Q8 (c) Domain name
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Solve any two of the following.

1. Q9 (a) The trade mark of the plaintiff is 'SURYA' consisted of the sun device in a half circle with lines radically projecting out of its circumferences, alternate line being long and alternate line being short, on the other hand the defendants device comprised of very stylized representation by 'SUN' which has flames around it with eyes, nose and mouth whether injunction order can be given on the defendants use of trade mark. Decide.
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2. Q9 (b) An American pharmaceutical company obtains patent for its invention of Medicine which cures AIDS/HIV+. The medicine is not available to the people of India. Indian Government gives permission to the Indian pharmaceutical company to produce generic version of the same invention without the consent of American company. Whether there is any infringement of the patent by Indian company ? Give reasons.
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3. Q9 (c) Mr. 'A' has posted in his website the works of six well known Indian Novelists without their permission. The navelists intand to a suit for infringement of copyright - against Mr. 'A' under information Technology Act, 2000 - Discuss the relevant provisions.
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Typed from the KSLU paper above. The paper is the original. Long reading passages are shortened here to their first and last lines and a summary.