LL.B. (Three Years) Sem 6 Intellectual Property Laws May 2016 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: (1) All questions are compulsory. (2) Cite Case law wherever necessary. (3) Figures to the right indicate full marks.

Q.1 Q.1: Answer the following in 2-3 sentences each (20 Marks - 2 marks each)

1. (a) What is a well known trade mark?
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2. (b) What is meant by patent?
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3. (c) Define invention.
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4. (d) What is the term of copyright of a sound-Recording?
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5. (e) Explain the term performance.
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6. (f) Explain the term Design.
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7. (g) Explain "Indian work".
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8. (h) Who is "registered user" under the Trademark Act 1999?
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9. (i) State the works in which copyright subsists.
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10. (j) Explain the term goods in Trade Mark Act 1999.
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Q.2 Q.2: Write short notes on any four of the following (20 Marks)

1. (a) Function of a Trade-Mark.
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2. (b) Reasonable requirements of the public.
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3. (c) Good Trade Mark.
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4. (d) Joint Authorship.
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5. (e) Compulsory Licensing in Patents.
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6. (f) Prohibition of Registration of certain Design.
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Q.3 Q.3: Solve any two of the following national problem (12 Marks)

1. (a) The famous Trade-mark TATA is a surname. (i) Which provision of the Trade mark act enables the surname to be used as Trade mark, despite the express provision that surnames per se are unregistrable? (ii) Name the authority involved in Registration of marks.
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2. (b) Mr. X a painter of an advertisement poster claims copyright for the painting on the poster. (i) Will the Mr. X succed to get copyright for the painting. (ii) Explain the legal provision applicable.
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3. (c) An Adivasi in a remote jungle not exposed to civilization invents an arc made of sharpened stone fixed to a stick to kill prey. The adivasi when he strayed into the city is advised to apply for a patent for his invention. (i) In the above case will the Adivasi succeed to get a patent for his invention. (ii) Explain the legal provision applicable.
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Q.4 Q.4: Answer any four of the following (48 Marks)

1. (i) What is Deceptive similarity?
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2. (ii) Explain the nature and forms of Intellectual Property Rights.
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3. (iii) What are the rights and duties of a patentee in respect of the patent granted to him?
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4. (iv) Define the terms "Broadcast" and "Performer". Discuss the right of the Broadcasting Organisation and of performers.
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5. (v) "Copyright is a bundle of right". Explain.
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6. (vi) Explain the grounds of refusal for registration of Trade-Marks.
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Read from the scan above, so a character or two may differ. The scan is the original.