B.A. LL.B. (Five Years) Sem 10 Intellectual Property Laws Nov 2023 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. All questions are compulsory. 2. Figures to the right indicate full marks.

Q.1 Q.1: Answer the following in not more than two sentences (Any six) (12 Marks)

1. (a) Explain the term Invention under the Indian Patent Act.
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2. (b) What are certification marks?
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3. (c) What works are included under 'Literary Works' under the copyright Act?
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4. (d) Define the term 'Goods' and 'Name' as defined in the Trade Marks Act 1999.
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5. (e) Explain the term 'claims' under patent law?
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6. (f) Who is a performer under the Copyright Act?
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7. (g) What is the term of copyright in India with respect to literary work and photographs?
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8. (h) Explain the term Patent?
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9. (i) Name the types of intellectual properties.
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10. (j) What is a patent of addition?
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Q.2 Q.2: Write short notes on any two of the following (12 Marks)

1. (a) Patent Cooperation Treaty.
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2. (b) Infringement and Passing-off.
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3. (c) Adaptation of literary work.
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4. (d) Characteristics of a good trade mark.
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Q.3 Q.3: Attempt any two of the situational questions (12 Marks)

1. (a) Government of India starts manufacturing a drug which is patented by PACTO Pharma Ltd. The drug is distributed to government medical colleges and hospitals. PACTO Pharma Ltd. files a suit of infringement against the government. (i) Will PACTO Pharma Ltd. succeed in the suit? (ii) Which provisions of the Patents Act will be applicable in this scenario?
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2. (b) Ms. Suchitra has released her music album. Her music album is played by the students of Vidya Mandal School in their Annual Day Program as a part of cultural activity. The audience had not paid any fees to attend the program. (i) Whether Ms Suchitra can take legal action against Vidya Mandal School for infringement of her copyright. (ii) What is the defence available to Vidya Mandal School if sued for infringement by Ms Suchitra?
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3. (c) Avil Co. Ltd. wants to use the mark "Tanishq" as its trade mark for its range of cosmetics and applies for registration to the Registrar of Trade Marks. (i) Whether Avil Co. Ltd. will succeed to get its mark registered. (ii) State the Doctrine involved.
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4. (d) 'A' launches a new hand bag in the market under the brand name "Orange". The unique feature of this bag is it is made of orange peels with a very innovative technology and is in shades of orange. 'A' also wants to get the colour Orange as a trade mark. (i) Identify the IPR involved in the given case. (ii) Will 'A' be entitled to use Orange as a trade mark?
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Q.4 Q.4: Write any two out of the following (24 Marks)

1. (a) What is a patentable invention? Discuss the inventions which are not patentable under the Patents Act with examples.
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2. (b) Discuss in detail what works can be copyrighted under the Copyright Act.
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3. (c) Elucidate fair use provisions under the copyright law.
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4. (d) Explain with case laws the Doctrine of Deceptive Similarity under the Trade Marks Act.
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