B.A. LL.B. (Five Years) Sem 10 Intellectual Property Laws May 2024 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer any six of the following in one or two sentences (12 Marks)

1. (a) State the first two important international conventions with respect to Industrial Property and Literary Works.
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2. (b) What is specifically included in the definition of literary work in the Indian Copyright Act?
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3. (c) What is the term for protection of literary works and Photographs?
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4. (d) Explain the term Anton Pillor Order.
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5. (e) Who can apply for registration of a Trademark?
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6. (f) Who can oppose the application for a patent and before whom?
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7. (g) Explain the term Patent of Addition.
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8. (h) State any two essentials of a good trademark.
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9. (i) State the kinds of Intellectual Property.
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10. (j) Explain the term performer as defined in the Copyright Act.
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Q.2 Q.2: Write Short Notes on any Two of the following (12 Marks)

1. (a) Rights of the owner of Artistic Work.
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2. (b) Compulsory Licensing of a Patent.
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3. (c) Conditions for Well known Trademark.
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4. (d) Geographical Indications.
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Q.3 Q.3: Answer any Two of the following situation problems (12 Marks)

1. (a) ABC Private Limited, manufacturer of ready-made garments, alleges that its trademark ABC is used in the RST, a search engine advertisement program. Hence when anyone searches "ABC" on RST, RST would advertise its products and services though not affiliated to ABC. (i) Is there any trademark infringement committed by RST? (ii) What remedies can ABC claim?
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2. (b) "A", a scientist working for a pharmaceutical company, developed a bacterium, known as XYZ. The bacteria developed had some unique properties that no other bacteria ever had. The entire process was completely done in the laboratory. The new bacteria developed can be used in various processes. A seeks to get the same patented. (i) Can a patent be granted to A? (ii) Name the Leading case based on similar facts.
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3. (c) "X" is an author and researcher who has conducted thorough research on several Indian festivals and authored a book on the subject. "B", a film producer, expresses interest in creating a movie based on the book. Subsequently, a contract is signed between "A" and "B", outlining the terms and conditions of the agreement. "B" is granted complete authority to determine the visual representation, storyline, and other aspects of the film. Upon the movie's release, "X" is shocked to discover that the essence of all the festivals portrayed in the film is missing and distorted, diverging significantly from the narrative depicted in the book. (i) What are the rights of X in the given case? (ii) Who owns the copyright in the movie?
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4. (d) "A" is in urgent need of a book which is out of publication. Only one copy is available in the library. (i) Can "A" take photocopy for personal use? (ii) Can "A" make more copies of the book and give at discounted price to other students?
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Q.4 Q.4: Answer any two of the following in detail (24 Marks)

1. (1) Discuss in detail what works can be copyrighted under the Copyright Act.
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2. (2) Discuss the grounds for pre-grant opposition to patent.
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3. (3) Define Trademark. What can amount to Infringement of Trademark?
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4. (4) Discuss the absolute and relative grounds of refusal of registration of trademark.
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