B.A. LL.B. (Five Years) Sem 10 Intellectual Property Laws Apr 2025 75/25 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 any six of the following in one or two sentences (12 Marks)

1. (a) Explain the term "capable of industrial application".
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2. (b) Name the different types of trade marks.
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3. (c) Name the different kinds of intellectual properties.
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4. (d) What is geographical indication?
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5. (e) What is piracy under copyright law?
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6. (f) What is provisional specification?
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7. (g) Explain the difference between invention and discovery.
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8. (h) What is deceptively similar mark?
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Q.2 Q.2: Write short notes on any two (12 Marks)

1. (a) Doctrine of Pith and Marrow under patent law.
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2. (b) Copyright societies.
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3. (c) Need for protection of intellectual property rights.
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4. (d) Passing-off under trade mark law.
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Q.3 Q.3: Answer any two of the following situation problems (12 Marks)

1. (a) Olaz, a multi-national pharmaceutical company, patents a life-saving drug in India and sets a very high price for it. Balmer, an Indian company, applies for a licence for the manufacture of the said drug, but the application is rejected by Olaz. (i) Can Balmer seek Compulsory Licence for the said drug? (ii) What are the grounds to seek Compulsory Licence in India?
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2. (b) Sunny, a photographer, uploads his original photos on a Stock Photo Website (online library of professional photos/ images/ graphics). An advertising company uses one of his photos without his permission. (i) What type of IPR infringement is this? (ii) What are the remedies available to Sunny?
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3. (c) An Indian mattress company has been using the trade mark "Sweet Dreams" for its mattresses and pillows. A multi-national company launches a range of bedding, furniture and upholstery (furniture coverings) under the trade mark "Sweet Dreams". (i) Does the act of the multi-national company amount to infringement of trade mark of the Indian company? (ii) What are the factors to be considered in determining deceptive similarity?
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4. (d) Mirage, a pharmaceutical company, develops a new drug that is more effective than the existing patented drug available in the market. (i) Can Mirage obtain a patent for its new drug? (ii) Does it amount to Ever-greening of patent? Give reasons.
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Q.4 Q.4: Write any three of the following (39 Marks)

1. (a) Discuss in detail the works in which copyright subsists with relevant examples.
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2. (b) Discuss the rights of patent holder. What are the exceptions and limitations to these rights?
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3. (c) What is a trademark? What are the absolute and relative grounds of refusal for registration of trademarks?
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4. (d) Elucidate the procedure for obtaining a patent under the Indian patent law.
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5. (e) Discuss the important conventions that led to the growth of intellectual property rights.
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