LLB 3 Years Sem 6 IPR Nov 2010 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer the following in not more than two sentences 20 marks
   • (a) State in which 'works' copyright subsists ?
   • (b) What amount to infringement of patent?
   • (c) Define a 'Registered user' under Trade marks Act, 1999 ?
   • (d) Who can apply for registration of Design?
   • (e) What are not inventions under the patents Act?
   • (f) is period of Assignment of copyright?
   • (g) Define 'Collective Trade
   • (h) What do you understand by the term 'Biotechnology' ?
   • (i) | What do 'Geographical U/section 2(e) means?
   • (j) | Why, according to you there should be protection of Intellectual Property
2. Q2 Write short notes on any four of the following 20 marks
   • (a) process patent
   • (b) Copyright Board
3. Q3 Attempt any two with reasoned answers 12 marks
   • (a) AActress named 'Britney', wants to apply for registration of her personal name "BRITNEY" as a trademark for "Beauty Salon" Will the mark be regarded as distinctive ? Why ?
   • (b) Aneel applies for a patent in respect of an invention and the same is granted by the patent office in India in the Year 2000
   • (i) How long Aneel can have the Exclusive right in respect of the
   • (ii) Can Aneel take an action for Infringement against a manufacturer who is making the invention in foreign country?
   • (ii) Can Aneel get a patent in UK in respect to the same invention, if he applies in 2002 ? Why ?
   • (c) Dr. Nishant has written a book on Intellectual Property Rights. The Book has been published by leading Publisher Butterworths
   • (i) Who is the author of the work ?
   • (ii) A students from Law College quoted from this Book in their LL.B Exam. will this amount to infringement? Why?
   • (iii) One Mr. Raj made 10 photocopies of this Book and distributed among his friends. Will this amount to infringement? Why?
4. Q4 Answer any four out of the following :
   • (a) a trademark? What are the qualities of a good trade mark? Explain the trade marks which cannot be registered
   • (b) Who can oppose grant of patent and on what grounds? What is the procedure for opposing a patent?
   • (c) Distinguish between (i) Passing off and Infringement Action of Trademark
   • (ii) Write short note on ‘fair use’
   • (d) Define the term Intellectual property. Explain the main features of this property be in detail the acts which do not constitute an infringement of under the copyright Act, 1957
   • (f) the grounds for refusal of registration of a trademark under the

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