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B.A. LL.B. (Five Years) Sem 9 Intellectual Property Rights I 2014 Dec Question Paper with Solutions

KSLU Solved Question Papers

Intellectual Property Rights I

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 9

2014 Dec Examination

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Mumbai

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First published on munotes.in on 21 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

Passages from this volume may be quoted, in print, online or by an AI system, with credit: name munotes.in and link to this volume's page. The volume may not be reproduced as a whole. Full terms at munotes.in/content-license.

munotes.in is an independent study resource for students of Karnataka State Law University. It is not affiliated with Karnataka State Law University, and is not endorsed by it.

The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.

The question paper reproduced here is the paper as set by Karnataka State Law University at the 2014 Dec examination.

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Contents

The questions below are the paper as Karnataka State Law University set it at the 2014 Dec examination, in the order it was set.

MarksPage

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MarksPage

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The Paper as Set

The questions in this volume are the questions asked at the 2014 Dec 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.

Read the original question paper

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Q1Discuss the factors which are accountable for the growth of Intellectual Property Rights.[16]

Answer

For full marks, cover: what "growth" means (more kinds of rights, wider subject matter, more countries, stronger enforcement, more economic weight); the factors, each with the growth it caused: (1) printing and the first statutes (Statute of Anne, 1710; Donaldson v. Becket); (2) industrialisation and mass markets (patents and trade marks); (3) international trade and treaties (Paris, Berne, WIPO, TRIPS; India: Patent Protection, WT/DS50); (4) new technologies: biotechnology (Diamond v. Chakrabarty), software, the internet (Satyam Infoway), artificial intelligence (ANI Media Pvt. Ltd. v. Open AI OpCo LLC); (5) the knowledge economy and investment; (6) recognition of new interests (GIs, plant varieties, layout-designs, traditional knowledge; derivative works, Eastern Book Company); (7) theories of justification; (8) consumers and the content industries (the 2012 Copyright amendments); (9) national policy (National IPR Policy, 2016); (10) institutions and enforcement (Commercial Courts Act, 2015; appeals to the High Courts, 2021); the counter-pressures that shape growth (public health, Novartis; access); a table; the conclusion.

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What "growth" means

Intellectual property rights have grown in five ways. More kinds of rights are recognised, and more subject matter is protected. More countries protect them, enforcement is stronger, and their economic weight is greater. Several factors account for this growth.

1. Printing and the first statutes

The printing press made copying cheap and fast. Authors and printers sought protection, and the first copyright statute, the Statute of Anne, was passed in England in 1710. Publishers then claimed that copyright was perpetual at common law. In Donaldson v. Becket, (1774) 2 Bro PC 129, the House of Lords held that copyright in published works lasts only for the statutory term, after which they pass to the public. This settled the model of a limited statutory right that IP law still follows.

2. Industrialisation and mass markets

The industrial revolution produced machines and processes worth protecting, and patent laws spread across Europe and America. Mass production and distant markets meant buyers no longer knew the maker. Trade marks became the link between goods and their source, and registration laws followed. India's own Patents and Designs Act, 1911 and Trade Marks Act, 1940 came from this period.

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3. International trade and treaties

As goods and books crossed borders, national rights were not enough.

  1. The Paris Convention, 1883 protected industrial property and gave national treatment and priority.
  2. The Berne Convention, 1886 did the same for literary and artistic works.
  3. The WIPO Convention, 1967 created a permanent organisation to promote IP worldwide.
  4. The TRIPS Agreement, 1994 made minimum standards binding on all WTO members, with dispute settlement to enforce them.

TRIPS forced change in India. The dispute was India: Patent Protection for Pharmaceutical and Agricultural Chemical Products, WT/DS50. Reports adopted on 16 January 1998 held that India had not provided the mailbox and exclusive marketing rights TRIPS required. India amended its law in 1999, 2002 and 2005, and introduced product patents for medicines.

4. New technologies

Each new technology raised the question whether IP law covered it, and the answer usually widened the law.

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  1. Biotechnology. In Diamond v. Chakrabarty, 447 US 303 (1980), the United States Supreme Court held a man-made, oil-eating bacterium patentable. This opened living matter to patents worldwide. India allows patents for micro-organisms but excludes plants and animals (section 3(j)).
  2. Software. Computer programmes were added to copyright as literary works. India excludes a programme per se from patents (section 3(k)).
  3. The internet. Domain names became valuable. In Satyam Infoway Ltd. v. Siffynet Solutions Pvt. Ltd., (2004) 6 SCC 145, the Supreme Court held that a domain name has the characteristics of a trade mark and is protected by passing off.
  4. Artificial intelligence. Training of AI models on protected works now raises new questions. In ANI Media Pvt. Ltd. v. Open AI OpCo LLC, decided on 24 July 2026, the Delhi High Court refused ANI an interim injunction against OpenAI. ChatGPT's outputs were not shown to be substantially similar to ANI's works. The suit continues.
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5. The knowledge economy and investment

In modern economies, much of a firm's value lies in its patents, brands, software and data. Firms invest heavily in research and branding and seek strong rights to recover that investment. IP is now bought, sold, licensed and used as security, which increases demand for wider and stronger protection.

6. Recognition of new interests

  1. New rights. India enacted the Geographical Indications Act, 1999, the Semiconductor Integrated Circuits Layout-Design Act, 2000 and the Protection of Plant Varieties and Farmers' Rights Act, 2001.
  2. Traditional knowledge. Patents for traditional knowledge are excluded (section 3(p)), and non-disclosure of the source of biological material is a ground of opposition (section 25(1)(j)).
  3. Derivative works. In Eastern Book Company v. D.B. Modak, (2008) 1 SCC 1, the Supreme Court held that a law reporter's paragraph numbering, cross-references and editorial notes involve enough skill and judgment for copyright. The raw text of judgments does not.
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7. Theories of justification

The growth was supported by theory. Locke's labour theory says a person deserves the fruits of his labour. Hegel's personality theory sees a work as an extension of its creator. The utilitarian incentive theory says exclusive rights encourage invention and creation for public benefit. Each theory argues for protection, though each also implies limits.

8. Consumers and the digital content industries

  1. Consumer protection. Buyers rely on brands and place names to judge quality. The law refuses deceptive marks (Trade Marks Act, section 9(2)(a)) and punishes false geographical indications (GI Act, sections 39 to 41). Protecting consumers has thus been a reason for stronger marks and GIs.
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  1. Film, music and broadcasting. As these industries grew, the Copyright Act expanded with them. The Copyright (Amendment) Act, 2012, in force from 21 June 2012, added statutory licences for broadcasting (section 31D). It also protected technological measures and rights management information (sections 65A, 65B), and dealt with transient storage online (section 52(1)(b), (c)).
  2. Collective management. Copyright societies license works on a large scale and distribute royalties (sections 33 to 36), making rights valuable to individual creators.

9. National policy

India's National IPR Policy of 12 May 2016 adopted the slogan "Creative India; Innovative India". It aims to raise awareness, encourage the creation and commercialisation of IP, modernise administration and strengthen enforcement.

10. Institutions and enforcement

  1. Specialised courts. The Commercial Courts Act, 2015 treats IP disputes as commercial disputes, with faster procedure.
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  1. Appeals. Since 4 April 2021, appeals from the Patent and Trade Marks Offices lie to the High Courts, after the Intellectual Property Appellate Board was abolished.
  2. Remedies. Courts now grant dynamic blocking injunctions and royalty-based damages.

Counter-pressures that shape growth

Growth has not been unlimited. Public health, access to knowledge and fair competition pull the other way. In Novartis AG v. Union of India, (2013) 6 SCC 1, the Supreme Court upheld the refusal of a patent for a new form of a known drug. Under section 3(d), enhanced therapeutic efficacy had to be shown, and it was not. Compulsory licences, fair dealing and limited terms keep IP in balance.

Summary

FactorGrowth it caused
PrintingCopyright statutes; limited terms (Donaldson v. Becket)
Industrialisation, mass marketsPatents and trade mark registration
Trade and treatiesParis, Berne, WIPO, TRIPS; India's amendments (DS50)
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FactorGrowth it caused
New technologyBiotech (Chakrabarty), software, domain names (Satyam Infoway), AI (ANI)
Knowledge economyIP as a major business asset
New interestsGIs, plant varieties, layout-designs, derivative works (Eastern Book Company)
Consumers and content industriesStronger marks and GIs; the 2012 Copyright amendments
Theory and policyLabour, personality, incentive; National IPR Policy, 2016
InstitutionsCommercial courts; High Court appeals; new remedies
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Conclusion. IPRs grew because of printing and industrialisation, which created valuable creations and distant markets. Their protection was set as limited statutory rights (Donaldson v. Becket). International trade led to Paris, Berne, WIPO and TRIPS, which compelled change even in India (DS50). New technologies extended protection to living matter (Chakrabarty), software, domain names (Satyam Infoway) and now raise questions about AI (ANI). The knowledge economy, new interests such as GIs and editorial skill (Eastern Book Company), theory, national policy and stronger institutions added further growth. Concerns of public health and access (Novartis) keep this growth within limits.

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