LLB 3 Years Sem 6 IPR May 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer the following questions in not more than two sentences:— 20 marks
   • a) What is a certification trade mark?
   • b) Define “Invention”
   • c) Who is a person interested under the Patents Act, 1970
   • d) What is a well-known trade mark?
   • e) Who is a registered proprietor in respect of a geographical
   • f) What is a priority date u/s 11 of the Patents Act?
   • g) What is the distinction between a suit for passing off and a suit for What are the various types of Intellectual Property Rights?
   • i) the period of assignment of copyright?
   • j) What are the qualifications for becoming a patent agent?
2. Q2 Write short notes on any four of the following: - 20 marks
   • b) Copyright Board
   • d) Patents of addition
   • e) Specification
3. Q3 Attempt any two with reasoned answer: — 12 marks
   • a) Doctor &Co. manufactures a product under that trade mark FIXON which is not registered. T.Rex & Co. subsequently registers the mark FIXON in its name and starts to use it. Doctor & Co file a suit for infringement of their trade mark i> Is the suit maintainable?
   • ii) proprietor of trade mark be guilty of
   • iii) What remedy is available to Doctor & Co. [TURN OVER
   • b) “X” who is employed by Newton & Co. In the research and development department. X, while working in the laboratory of the company, invents a new machine. Newton & Co. apply for the Is the application maintainable? Can X oppose the application?
   • iii) What would be the defense of Newton & Co a film producer takes the basic theme of the play and makes a movie out of it. P files a suit for infringement of copyright
   • ii) What is the principle on which the court will rely? the leading case on which this problem is based
4. Q4 Answer any four of the 48 marks
   • a) What is the procedure for the registration of trade marks and what is the effect of registration?
   • b) Discuss the powers of the Controller in granting compulsory licenses. What are the terms and conditions on which such may be granted?
   • c) What is a convention application? What are the special and : supplementary provisions relating to convention applications under the Patents Act?
   • d) Explain the concept of copyright and state the various rights which are comprised in copyrights
   • e) Discuss the provisions of the Copyright Act in relation to copyright
   • f) What is meant by the term “Intellectual Property Rights’? What is the justification for the protection of Property

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