LL.B. (Three Years) Sem 6 Intellectual Property Laws Nov 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.

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

1. Q1 What is a collective mark?
2. Q2 What is meant by patent?
3. Q3 Define an inventive step.
4. Q4 What is the term of copyright of an Artistic work.
5. Q5 Who is a performer?
6. Q6 Explain the term design.
7. Q7 Explain "Registered Proprietor".
8. Q8 Who is a registered user under the Trade marks Act, 1999?
9. Q9 State the works in which copyright subsists.
10. Q10 Explain the term Indication.

SECTION II - Q.2: Write short notes on any four of the following (20 Marks)

1. Q11 Berne Convention.
2. Q12 Reasonable requirement of the public.
3. Q13 Well known Trade Mark.
4. Q14 Infringing Copy.
5. Q15 Compulsory Licensing in Patents.
6. Q16 Prohibition of Registration of certain names of chemical elements or international non-proprietary names.

SECTION III - Q.3: Solve any two of the following national problem (12 Marks)

1. Q17 Three photographers of the Taj Mahal take photographs of the Taj Mahal from different corners. (i) Can the three photographers claim copyright for their respective photo graphs? (ii) Explain the legal provision applicable.
2. Q18 ______ applied for registration of the word "Ustickon" in respect of rubber soles for shoes. The Registrar of Trade marks refused to register the word as Trade Mark. (i) Is the Registrar of Trade Marks Justified to reject the registration? (ii) Explain the legal provision applicable.
3. Q19 Mr. B declares that he has invented a ball which instead of falling to the ground rises up in the air, defying the principle of gravity. (i) Can Mr. B seek a patent for the invention? (ii) Explain the legal provision applicable.

SECTION IV - Q.4: Answer any four of the following (48 Marks)

1. Q20 Discuss the absolute grounds for refusal of registration of Trade-marks.
2. Q21 Explain suit for infringement of Trade mark. What defences are available for the defendant.
3. Q22 Discuss "All inventions are not patentable".
4. Q23 Explain the need for protection of Intellectual Property Rights.
5. Q24 What is Passing of? Distinguish between an action of infrigement and passing off?
6. Q25 Comment on ownership of Copyright.

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