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B.A. LL.B. (Five Years) Sem 9 Intellectual Property Rights I 2022 Apr Question Paper with Solutions - KSLU

KSLU Solved Question Papers

Intellectual Property Rights I

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 9

2022 Apr Examination

munotes.in

Mumbai

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.

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The Paper as Set

The questions in this volume are the questions asked at the 2022 Apr 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 five Units. (2) One essay type question and short note/problems is compulsory from each Unit. (3) Figures to the right indicate marks. (4) Answers 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.

Read the original question paper

Q1

Unit I

(a)Examine the concept of intellectual property rights and the historical background of the development of intellectual property rights.[10]

Answer

For full marks, cover: the concept: meaning (WIPO Convention Article 2(viii); TRIPS Article 1(2)), nature (intangible, exclusive, territorial, limited in time, transferable) and the justifications (labour, reward, incentive, disclosure); the history: patents (Venice 1474, Statute of Monopolies 1624), copyright (Stationers' monopoly 1557, Statute of Anne 1710, Donaldson v. Becket 1774), trade marks (guild marks to goodwill; registration 1875), designs (1787); the international stage (Paris 1883, Berne 1886, BIRPI 1893, WIPO 1967, TRIPS 1994); India's three phases: colonial laws (1856, 1859, 1911, 1914, 1940), laws for an independent India (1957, 1958, 1970, the Ayyangar Report), TRIPS compliance (1999 to 2005; India: Patent Protection, WT/DS50; Novartis); a timeline.

The concept

Meaning

Intellectual property rights are legal rights over creations of the human mind, such as inventions, literary and artistic works, designs, brand names and trade secrets. They give the creator an exclusive right to use and exploit the creation for a period, and to stop others from copying it.

Article 2(viii) of the WIPO Convention, 1967 lists rights in literary, artistic and scientific works, performances, inventions and discoveries. It adds industrial designs, trade marks and trade names, and protection against unfair competition. TRIPS Article 1(2) covers the categories in its Part II: copyright and related rights, trade marks, geographical indications, industrial designs, patents, layout-designs and undisclosed information.

Nature

Intangible. The right is separate from the physical book or machine. Buying a book does not buy its copyright.
Exclusive. The owner may stop others from doing the protected acts.
Territorial. Each right exists only in the country that grants it.

Limited in time. Most rights expire, after which the creation is free for all. Trade marks are the exception, if renewed.
Transferable. Rights may be assigned or licensed, except geographical indications.

Why the law protects it

Labour. A person deserves the fruits of his mental labour.
Reward and incentive. Without protection, rivals could copy at once and no one would invest in creating.
Disclosure. Patents are granted in exchange for publishing the invention.
Consumer protection. Trade marks and geographical indications tell buyers what they are getting.

The historical background

Patents

City states of Italy granted privileges for new arts and machines. In 1474 the Venetian Senate passed what is usually called the first patent law. It gave a person who made a new and ingenious device ten years of exclusive rights. In England, the Crown's grants of monopolies over everyday goods caused anger. The courts struck down a playing-card monopoly in the Case of Monopolies of 1602. The Statute of Monopolies, 1624 declared monopolies void, but saved grants of up to fourteen years to the "true and first inventor" of new manufactures. That phrase survives in section 6 of India's Patents Act, 1970.

Copyright

Printing made cheap copying possible. In 1557 the English Crown gave the Stationers' Company a printing monopoly, which belonged to printers, not authors. The Statute of Anne, 1710 was the first copyright law. It made the author the first owner, for a limited term of fourteen years, renewable once.

The publishers then argued for a perpetual copyright at common law. In Donaldson v. Becket, (1774) 2 Bro PC 129, the House of Lords rejected that claim. Copyright in published works lasted only for the term the statute fixed. After that, works passed into the public domain. The idea of a limited term, which balances authors and the public, remains the basis of copyright law.

Trade marks and designs

Marks are older than either. Medieval guilds required craftsmen to mark their goods so that bad work could be traced. In the nineteenth century, English courts began to protect a trader's mark as part of his goodwill, the root of passing off. Registration began with the Trade Marks Registration Act, 1875. Design protection began with the Designing and Printing of Linens Act, 1787, for patterns on cloth.

The international stage

Rights stopped at national borders, so treaties followed.

Paris Convention, 1883: industrial property, with national treatment and a right of priority.
Berne Convention, 1886: literary and artistic works, protected without formalities.

BIRPI, 1893: the joint bureaux of the Paris and Berne Unions.
WIPO, 1967: a single world organisation, a UN specialised agency from 1974.
TRIPS, 1994: binding minimum standards for all kinds of IP, enforceable through the WTO.

Development in India

Phase one: colonial laws (1856 to 1947). India's first patent law, Act VI of 1856, copied a British Act of 1852. It was repealed in 1857 for want of the Crown's sanction and re-enacted as Act XV of 1859. The Indian Patents and Designs Act, 1911 followed. The British Copyright Act of 1911 applied to India, with local changes by the Indian Copyright Act, 1914. The first trade mark statute was the Trade Marks Act, 1940.

Phase two: laws for an independent India (1957 to 1970). The Copyright Act, 1957 came into force on 21 January 1958, and the Trade and Merchandise Marks Act, 1958 replaced the 1940 Act. Justice N. Rajagopala Ayyangar's report of September 1959 found that the 1911 Act served foreign patentees. It recommended process-only patents for food, medicines and chemicals. The Patents Act, 1970, in force from 20 April 1972, adopted that idea, and India's generic medicine industry grew on it.

Phase three: TRIPS and after (1995 onwards). India joined the WTO on 1 January 1995 and had to meet TRIPS standards. It was slow to provide for product patent applications in medicines during the transition. In India: Patent Protection for Pharmaceutical and Agricultural Chemical Products, WT/DS50, the United States challenged that. The WTO Appellate Body report of 19 December 1997 held that India had failed in two ways. It had no proper legal "mailbox" for such applications, and no system of exclusive marketing rights. The reports were adopted on 16 January 1998. India then passed the Patents (Amendment) Act, 1999, with effect from 1 January 1995.

A wave of laws followed. They included the Trade Marks Act, 1999, the Geographical Indications Act, 1999 and the Designs Act, 2000. The plant varieties law of 2001 and patent amendments of 2002 and 2005 completed them. The 2005 amendment restored product patents in all fields but added section 3(d). In Novartis AG v. Union of India, (2013) 6 SCC 1, the Supreme Court applied it to refuse a patent for a new form of a known cancer drug without enhanced therapeutic efficacy. Indian law thus meets TRIPS while protecting public health.

Timeline

Year	Event
1474	Venetian Patent Act
1624	Statute of Monopolies, England
1710	Statute of Anne, England
1774	Donaldson v. Becket: no perpetual copyright
1856, 1859	India's first patent Acts
1883, 1886	Paris and Berne Conventions
1911	Indian Patents and Designs Act
1957, 1958	Copyright Act; Trade and Merchandise Marks Act
1967	WIPO Convention
1970	Patents Act (in force 1972)
1994, 1995	TRIPS; India joins the WTO
1999 to 2005	TRIPS-compliant Indian laws

Conclusion. Intellectual property rights are exclusive, territorial and mostly time-limited rights over creations of the mind, justified as a reward that also benefits the public. They grew from royal privileges into general laws: Venice in 1474, the Statute of Monopolies in 1624, and the Statute of Anne in 1710, limited in time by Donaldson v. Becket. Treaties from 1883 to TRIPS in 1994 made them international. India moved from colonial copies to its own laws of 1957 to 1970, and then to TRIPS compliance, which it balanced with public health (Novartis).

B.A. LL.B. (Five Years) Sem 9 Intellectual Property Rights I 2022 Apr Question Paper with Solutions

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