KSLU Solved Question Papers
Intellectual Property Rights II
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 10
2021 Mar Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 10 Intellectual Property Rights II 2021 Mar Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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Contents
The questions below are the paper as Karnataka State Law University set it at the 2021 Mar examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2021 Mar examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 13 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1'Intellectual property rights protect the novelty in the products of human intellect in whatever field of human activity and endeavour'. Elucidate.[16]
Answer
For full marks, cover: the meaning of the statement in three parts: "products of human intellect", "novelty", "whatever field of human activity and endeavour"; its source in article 2(viii) of the WIPO Convention, 1967 and its echo in TRIPS article 27.1; the reasons for protecting intellectual products (incentive, disclosure, reward, consumer protection); field by field, what each right protects and what kind of "newness" it asks for: patents (sections 2(1)(j), (ja), (l), 3; Biswanath Prasad, Novartis), copyright (originality, not novelty; R.G. Anand, C. Cunniah & Co.), designs (section 4; Bharat Glass Tube), trade marks (distinctiveness, not novelty), geographical indications (inherited reputation; Scotch Whisky Association v. Golden Bottling), plant varieties (section 15(3)), layout-designs, trade secrets; the limits on "whatever field" (exclusions, public domain); a table; an evaluation of the statement.
The meaning of the statement
The statement has three parts.
- "Products of human intellect." Intellectual property protects things the mind creates: inventions, writings, music, art, designs, signs, plant varieties and secret know-how. It does not protect physical objects as such. It protects the creation they embody.
- "Novelty." The law rewards something that adds to what already exists. Without that addition there is nothing to reward, and a monopoly would only take from the public.
- "In whatever field of human activity and endeavour." The protection is not confined to one area. It extends to industry, science, literature, art, commerce and agriculture.
Where the idea comes from
The statement echoes article 2(viii) of the WIPO Convention, 1967. It defines intellectual property to include rights relating to:
- literary, artistic and scientific works;
- performances, phonograms and broadcasts;
- inventions in all fields of human endeavour;
- scientific discoveries;
- industrial designs;
- trade marks, service marks and commercial names;
- protection against unfair competition; and
- "all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields".
TRIPS article 27.1 says the same for patents: they must be available for inventions "in all fields of technology".
Why intellectual products are protected
- Incentive. Creation costs time and money, while copying costs little. Without protection, few would invest in invention or creative work.
- Disclosure. A patent is granted in exchange for publishing the invention, so knowledge enters the public domain when the term ends.
- Reward. It is fair that a creator should benefit from what his mind has produced.
- Protection of buyers. Trade marks and geographical indications tell consumers who made the goods, or where they come from.
Field by field: what is protected and what newness is required
1. Technology: patents. An invention is a new product or process involving an inventive step and capable of industrial application (section 2(1)(j) of the Patents Act, 1970). A new invention is one not anticipated by publication or use anywhere in the world before filing (section 2(1)(l)). The inventive step must be a technical advance or have economic significance, and must not be obvious to a skilled person (section 2(1)(ja)). Here "novelty" is used in its strict sense.
Biswanath Prasad Radhey Shyam v. Hindustan Metal Industries, (1979) 2 SCC 511. A patent was held for a method of holding brass utensils on a lathe while they were finished.
Held. The patent was revoked. A patentable invention must be the inventor's own discovery, not a verification of what was known. An improvement must be more than a "workshop improvement" and must produce a new result. Prior public knowledge or use destroys novelty.
Novartis AG v. Union of India, (2013) 6 SCC 1. Novartis sought a patent for a new crystalline form of a known cancer drug.
Held. The patent was refused. A new form of a known substance is not an invention under section 3(d) unless it shows enhanced therapeutic efficacy. Formal novelty was not enough; the law asked for real advance.
2. Literature, art and music: copyright. Copyright protects original literary, dramatic, musical and artistic works, films and sound recordings (section 13 of the Copyright Act, 1957). It does not ask for novelty. A work may treat an old subject, so long as it is the author's own expression.
R.G. Anand v. Delux Films, AIR 1978 SC 1613. A playwright said a film copied the theme of his play.
Held. There is no copyright in an idea or theme, only in its expression. Two works on the same theme may both be protected.
C. Cunniah & Co. v. Balraj & Co., AIR 1961 Mad 111. A picture of the deity Lord Balasubramanya was said to lack originality because its subject was traditional.
Held. The subject need not be original. What counts is original skill or labour in execution, not originality of thought.
3. The look of products: designs. A design must be new or original and not disclosed anywhere before filing (sections 2(g) and 4(a), (b) of the Designs Act, 2000). It must also be significantly distinguishable from known designs (section 4(c)). An old shape may still qualify if it is new in its application.
Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd., (2008) 10 SCC 657. A registered pattern for glass sheets was challenged for want of novelty.
Held. "New or original" means not published or known before, and created for the first time. The burden of proving the opposite lay on the challenger, who failed.
4. Trade: trade marks. A trade mark is protected for its distinctiveness, not its novelty (section 9 of the Trade Marks Act, 1999). An ordinary word may become a strong mark through use. The intellectual product here is the goodwill built up in trade, more than any creative act.
5. Place and tradition: geographical indications. A GI protects goods whose quality or reputation comes from their place of origin (section 2(1)(e) of the GI Act, 1999). It rewards a collective, inherited reputation, often centuries old. Novelty is irrelevant.
The Scotch Whisky Association v. Golden Bottling Ltd., 2006 (32) PTC 656 (Delhi). An Indian company sold whisky as "Red Scot".
Held. "Scotch" identifies whisky from Scotland and is a geographical indication. Passing off was established, and the defendant was restrained and ordered to pay damages.
6. Agriculture: plant varieties. Under the Protection of Plant Varieties and Farmers' Rights Act, 2001, a new variety must be novel (section 15(3)(a)). It must not have been sold in India more than one year before filing. Abroad, the limit is four years, or six for trees and vines. It must also be distinct, uniform and stable. Extant and farmers' varieties are protected without novelty.
7. Electronics: layout-designs. The Semiconductor Integrated Circuits Layout-Design Act, 2000 protects layout-designs that are original and not commercially exploited before.
8. Know-how: trade secrets. Secret business information is protected by contract and the law of confidence for as long as it stays secret, not because it is new.
Newness in each right
| Right | What it protects | The test of newness |
|---|---|---|
| Patent | Invention | Novelty, inventive step, industrial use |
| Copyright | Expression | Originality, not novelty |
| Design | Appearance of an article | New or original, no prior disclosure |
| Trade mark | Sign of origin | Distinctiveness |
| GI | Reputation of a place | None; inherited reputation |
| Plant variety | New variety | Novelty and DUS |
| Layout-design | Chip layout | Originality |
| Trade secret | Confidential know-how | Secrecy |
Limits on "whatever field"
The protection is wide but not unlimited.
- Excluded subject matter. Section 3 of the Patents Act excludes discoveries of natural laws, mathematical and business methods, and computer programmes per se. Plants and animals and traditional knowledge are also not patentable.
- The public domain. Ideas, facts and expired works are free for all.
- Public interest. Compulsory licences, fair dealing and research exemptions limit the rights, in every field.
Evaluation
The statement is broadly true. IP rights do reach every field of creative and inventive effort, as article 2(viii) of the WIPO Convention says. But "novelty" fits only some rights strictly: patents, designs and plant varieties. Copyright asks for originality, trade marks for distinctiveness, GIs for an inherited reputation, and trade secrets for secrecy. A more accurate statement would be this. IP rights protect the contribution of human intellect, measured differently in each field.
Conclusion. IP rights protect the products of the mind in every field, from technology and art to trade and farming, as the WIPO Convention recognises. In patents, designs and plant varieties the protected product must be new. In copyright it must be original, in trade marks distinctive, and in GIs tied to a place by reputation. Each right is limited by exclusions, the public domain and the public interest. The statement holds if novelty is read as the intellectual contribution each law requires.
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