KSLU Solved Question Papers
Intellectual Property Rights II
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 10
2025 Jun Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 10 Intellectual Property Rights II 2025 Jun Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2025 Jun examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2025 Jun examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2025 Jun 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 80 · 20 questions answered
Instructions printed on the paper
- N.B. (1) Answer all Units. (2) One essay type question and short notes/problems is compulsory from each Unit. (3) Figures to the right indicate marks. (4) Answer should be written either in English or Kannada completely.
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
Unit I
(a)Define Author and explain moral rights of author.[10]
Answer
For full marks, cover: who is the author under section 2(d), class by class; author and first owner distinguished (section 17); what moral rights are and why they exist (Berne article 6bis); the two rights in section 57(1), paternity and integrity; their independence from the copyright; the exceptions; exercise by legal representatives and the 2012 amendment; performers' moral rights (section 38B) and the resale share (section 53A); Mannu Bhandari and Amar Nath Sehgal.
Who is an author: section 2(d)
The Copyright Act, 1957 defines the "author" separately for each kind of work.
| Work | Author |
|---|---|
| Literary or dramatic work | The person who writes it |
| Musical work | The composer |
| Artistic work, other than a photograph | The artist |
| Photograph | The person taking the photograph |
| Work | Author |
|---|---|
| Cinematograph film or sound recording | The producer |
| Computer-generated work | The person who causes it to be created |
Author and owner differ. The author is usually the first owner of copyright (section 17). But an employer, a commissioning party or the Government may be the first owner in the cases section 17 sets out. And the owner may sell the copyright. The author, however, never stops being the author. Moral rights attach to that status.
What moral rights are
A work carries something of its creator's personality. An author who sells the economic rights still cares that he is named and that his work is not twisted. Moral rights protect this personal link. Article 6bis of the Berne Convention requires member countries to protect them, and section 57 of the Act does so. The Act calls them the author's special rights.
The two rights: section 57(1)
1. The right of paternity (clause (a)). The author may claim authorship of the work. He may insist on being named and object if someone else is named as author.
2. The right of integrity (clause (b)). He may restrain, or claim damages for, any distortion, mutilation, modification or other act in relation to the work. The condition is that it would be prejudicial to his honour or reputation. A mere change he dislikes is not enough.
Features of these rights
- Independent of copyright. They exist "independently of the author's copyright and even after the assignment either wholly or partially" of it. So they survive a sale of the copyright.
- Not transferable. They stay with the author, while economic rights under section 14 can be sold.
- No time limit since 2012. The Copyright (Amendment) Act, 2012, from 21 June 2012, removed the words that confined the integrity right to acts done during the term of copyright.
- Legal representatives. After the author's death, his legal representatives may exercise the rights (section 57(2)). The 2012 amendment removed the earlier bar on their claiming authorship for him.
- Exceptions. There is no right against an adaptation of a computer programme permitted by section 52(1)(aa). And failure to display a work, or to display it to the author's satisfaction, is not an infringement.
Related rights
- Performers received similar moral rights in 2012 (section 38B).
- An original painting, sculpture, drawing or manuscript may be resold for over Rs 10,000. Its author, if he was the first owner, may then claim a share of the resale price. The Commercial Court fixes the share, up to ten per cent (section 53A).
Moral and economic rights compared
| Point | Moral rights (s.57) | Economic rights (s.14) |
|---|---|---|
| Content | Paternity and integrity | Reproduce, adapt, translate, communicate |
| Holder | The author, then his legal representatives | The owner |
| Transferable | No | Yes, by assignment or licence |
| Duration | No limit in the text | Life plus sixty years, generally |
The cases
Mannu Bhandari v. Kala Vikas Pictures Pvt. Ltd., AIR 1987 Del 13. The novelist Mannu Bhandari assigned the film rights in her novel Aap Ka Bunty. She found that the film Samay Ki Dhara distorted her story, and sued.
Held. The Delhi High Court held that section 57 is a statutory recognition of the author's special rights, independent of the copyright. A contract of assignment is read subject to it. Distortion prejudicial to honour or reputation is actionable even after assignment. The case ended in a settlement keeping her name and the novel's name off the film.
Amar Nath Sehgal v. Union of India, 2005 (30) PTC 253 (Del). The sculptor had made a large bronze mural for Vigyan Bhavan in New Delhi. The Government pulled it down during renovation and stored the damaged pieces.
Held. The Delhi High Court decreed his suit. Destruction of a work of art is the extreme form of mutilation, because it reduces the artist's creative corpus. The remnants were returned to him, with all rights in the mural, and he was awarded Rs 5 lakh damages. The case shows moral rights binding even the State.
Conclusion. The author is defined class by class in section 2(d), and he stays the author whoever owns the copyright. Section 57 gives him two moral rights, paternity and integrity. They are independent of the copyright, survive assignment, and since 2012 have no time limit and pass to his legal representatives. Mannu Bhandari and Amar Nath Sehgal show the courts enforcing them.
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