KSLU Solved Question Papers
Intellectual Property Rights I
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 9
2017 Dec Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 9 Intellectual Property Rights I 2017 Dec 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 2017 Dec examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2017 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.
Q1State and explain the development of laws on intellectual property and the benefits on such protection.[16]
Answer
For full marks, cover: Part A, the development of IP laws: early privileges and the first statutes (patents 1474 and 1624; copyright 1710; marks and goodwill; designs 1787); the international framework (Paris 1883, Berne 1886, Madrid 1891, WIPO 1967, PCT 1970, TRIPS 1994, the WIPO Internet treaties 1996); Indian development subject by subject (patents 1856 to 2005 and 2026; copyright 1847 to 2012; trade marks 1940 to 1999; designs 1872 to 2000; GIs, layout-designs, plant varieties; enforcement reforms: Commercial Courts Act 2015, IPAB abolished 2021, the National IPR Policy 2016); Part B, the benefits of protection: to creators (Eastern Book Company), to consumers and honest traders (Scotch Whisky Association), to the economy (investment, technology transfer, exports, start-ups), to society (disclosure, culture, traditional communities); the limits that keep the benefits balanced (Bayer); conclusion.
Part A: The development of IP laws
Early privileges and the first statutes
Intellectual property began as favours from rulers to particular traders. It became a general right only when legislatures passed laws open to all.
- Patents. Venice passed a general patent law in 1474, giving ten years to makers of new devices. England's Statute of Monopolies, 1624 abolished royal monopolies but kept fourteen-year grants to the "true and first inventor" of new manufactures.
- Copyright. The Statute of Anne, 1710 gave authors, not printers, the first right in their books, for a limited term.
- Trade marks. Guild marks were once a duty. Nineteenth-century courts began protecting marks as part of a trader's goodwill, through passing off, and England began registering them in 1875.
- Designs. Protection began for printed linens in England in 1787.
The international framework
| Year | Instrument | Contribution |
|---|---|---|
| 1883 | Paris Convention | National treatment and priority for industrial property |
| 1886 | Berne Convention | Copyright without formalities |
| 1891 | Madrid Agreement | International registration of marks |
| 1967 | WIPO Convention | One world organisation for IP |
| 1970 | Patent Cooperation Treaty | One international patent application |
| 1994 | TRIPS Agreement | Binding minimum standards, enforced by the WTO |
| 1996 | WIPO Copyright Treaty and WPPT | Copyright for the digital age |
Development in India
1. Patents. India's first patent law was Act VI of 1856, re-enacted as Act XV of 1859. The Indian Patents and Designs Act, 1911 followed. After the Ayyangar Report of 1959, the Patents Act, 1970 allowed only process patents for medicines, food and chemicals, which built India's generic drug industry. To meet TRIPS, it was amended in 1999 (mailbox applications), 2002 (twenty-year term) and 2005 (product patents in all fields, with section 3(d)). The Jan Vishwas Act, 2026 later reduced some offences, omitting section 119 from 1 June 2026.
2. Copyright. The Indian Copyright Act, 1847 came first. The British Copyright Act, 1911 then applied, with the Indian Copyright Act, 1914. The Copyright Act, 1957, in force from 21 January 1958, is India's own law. It was amended in 1994 (software and performers), 1999 (TRIPS) and 2012 (digital rights, statutory licences, protection of authors' royalties).
3. Trade marks. Marks were protected only by passing off and criminal law until the Trade Marks Act, 1940. The Trade and Merchandise Marks Act, 1958 replaced it. The Trade Marks Act, 1999, in force from 15 September 2003, added service marks, well-known marks and collective marks. Chapter IVA brought in the Madrid Protocol from 8 July 2013.
4. Designs. The Patterns and Designs Protection Act, 1872 and the 1911 Act were replaced by the Designs Act, 2000, in force from 11 May 2001.
5. New rights. The Geographical Indications Act, 1999 came into force on 15 September 2003. The Semiconductor Integrated Circuits Layout-Design Act, 2000 and the Protection of Plant Varieties and Farmers' Rights Act, 2001 completed the TRIPS list.
6. Recent changes, 2016 to 2026.
- Faster procedure. The Patents (Amendment) Rules, 2024 cut the time to request examination to thirty-one months (rule 24B). Working statements in Form 27 are now filed once every three financial years, not every year (rule 131). Expedited examination is open to start-ups, small entities and women applicants, among others (rule 24C).
- Decriminalisation. The Jan Vishwas (Amendment of Provisions) Act, 2023 turned minor trade mark and GI offences into money penalties from 1 August 2024. The Jan Vishwas Act, 2026 omitted section 119 of the Patents Act from 1 June 2026. It omitted section 67 of the Copyright Act from 15 June 2026.
- Specialised benches. The Delhi High Court set up an Intellectual Property Division in 2021 to hear IP cases, including appeals that once went to the Appellate Board.
7. Enforcement and policy. IP disputes became commercial disputes under the Commercial Courts Act, 2015. The National IPR Policy of 12 May 2016 set seven objectives: awareness, generation of IPRs, legal framework, administration, commercialisation, enforcement and human capital. The Intellectual Property Appellate Board was abolished from 4 April 2021, and its work went to the High Courts.
Part B: The benefits of protection
1. For creators
Protection lets creators earn from their work and stops others from taking a free ride. It also makes clear what is protected. Moral rights let an author claim authorship of his work and object to its distortion (Copyright Act, section 57). They survive even after he has sold the copyright.
In Eastern Book Company v. D.B. Modak, AIR 2008 SC 809, the publisher of Supreme Court Cases sued a firm that copied its edited versions of judgments onto CD-ROMs. The Supreme Court held that the raw judgments were free for all. But the publisher's paragraph numbering, cross-references and editorial notes showed skill and judgment, and were protected by copyright. The case shows the law rewarding real intellectual effort while keeping public material free.
2. For consumers and honest traders
Trade marks and geographical indications tell buyers where goods come from and what quality to expect. They protect honest traders from imitators.
In The Scotch Whisky Association v. Golden Bottling Ltd., 2006 (32) PTC 656 (Delhi), an Indian company sold whisky as "Red Scot". The Delhi High Court held that "Scotch" was a geographical indication. It restrained the misleading use and awarded damages. Buyers were protected from deception, and genuine producers from unfair competition.
3. For the economy
- Investment and research. Firms invest in research when they can recover the cost through exclusive rights.
- Technology transfer. Foreign firms license technology to countries that protect it.
- Exports and branding. Strong brands and GIs, such as Darjeeling tea and basmati rice, earn higher prices abroad.
- Start-ups and MSMEs. IP is an asset that can be licensed, sold or used to raise funds. India gives start-ups reduced fees and faster examination.
4. For society
- Disclosure. Patents must disclose the invention, adding to public knowledge, and the invention becomes free when the term ends.
- Culture. Copyright supports authors, musicians and film makers.
- Traditional communities. GIs protect the names of goods made by farmers, weavers and artisans. Section 3(p) of the Patents Act stops traditional knowledge being patented by outsiders.
The limits that keep the benefits balanced
Protection is a monopoly, so the law limits it in the public interest.
In Bayer Corporation v. Union of India, 2014 SCC OnLine Bom 963, Bayer's cancer drug sorafenib cost about Rs 2,80,000 a month. Natco obtained India's first compulsory licence and sold it at about Rs 8,800. The Bombay High Court upheld the licence. Affordability is judged from the standpoint of the public. The benefits of protection must not deny people essential medicines.
Other limits include fair dealing in copyright (section 52), exclusions from patentability (section 3), limited terms, and the exhaustion of rights once goods are sold.
Conclusion. IP laws developed from royal privileges into general statutes. Venice in 1474, the Statute of Monopolies in 1624 and the Statute of Anne in 1710 were the first. They were then knit together by treaties from Paris in 1883 to TRIPS in 1994. India moved from colonial laws to its own laws of 1957 to 1970, and then to TRIPS-compliant laws between 1999 and 2005. Protection benefits creators (Eastern Book Company), consumers and honest traders (Scotch Whisky Association), the economy and society. Limits such as compulsory licensing (Bayer) keep it in balance with the public interest.
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