LLB 3 Years Sem 6 IPR Nov 2023 60 40/23 Question Paper - Mumbai University | munotes

Questions asked in this paper

• 2. Figures to the right indicate full marks

1. Q1 Answer the following in not more than two sentences: (Any six) 12 marks
   • a) Explain the term Invention under the Indian Patent Act
   • b) What are certification marks?
   • c) What works are included under ‘Literary Works’ under the copyright Act?
   • d) Define the term ‘Goods’ and ‘Name’ as defined in the Trade Marks Act 1999
   • e) Explain the term ‘claims’ under patent law?
   • f) Who is a performer under the Copyright Act?
   • g) What is the term of copyright in India with respect to literary work and photographs?
   • h) Explain the term Patent?
   • i) Name the types of intellectual properties
   • j) What is a patent of addition?
2. Q2 Write short notes on any two of the following 12 marks
   • b) Infringement and Passing-off
   • c) Adaptation of literary work
   • d) Characteristics of a good trade mark
3. Q3 Attempt any two of the situational questions 12 marks
   • 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?
   • 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
   • 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
   • 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 ?
4. Q4 Write any two out of the following 24 marks
   • a) What is a patentable invention? Discuss the inventions which are not patentable under the Patents Act with examples
   • b) Discuss in detail what works can be copyrighted under the Copyright Act
   • c) Elucidate fair use provisions under the copyright law
   • d) Explain with case laws the Doctrine of Deceptive Similarity under the Trade Marks
5. Q2 sears

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