LL.B. (Three Years) Sem 6 Intellectual Property Laws May 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer the following questions in not more than two sentences (20 Marks - 2 marks each)

1. (a) What is a certification trade mark?
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2. (b) Define "Invention".
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3. (c) Who is a person interested under the Patents Act, 1970?
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4. (d) What is a well-known trade mark?
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5. (e) Who is a registered proprietor in respect of a geographical indication?
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6. (f) What is a priority date u/s 11 of the Patents Act?
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7. (g) What is the distinction between a suit for passing off and a suit for infringement?
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8. (h) What are the various types of Intellectual Property Rights?
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9. (i) What is the period of assignment of copyright?
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10. (j) What are the qualifications for becoming a patent agent?
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Q.2 Q.2: Write short notes on any four of the following (20 Marks)

1. (a) Collective Mark.
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2. (b) Copyright Board.
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3. (c) Anton Pillar Order.
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4. (d) Patents of addition.
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5. (e) Specification.
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6. (f) Geographical Indication.
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Q.3 Q.3: Attempt any two with reasoned answer (12 Marks)

1. (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) Can a registered proprietor of trade mark be guilty of infringement? (iii) What remedy is available to Doctor & Co.
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2. (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 patent. (i) Is the application maintainable? (ii) Can X oppose the application? (iii) What would be the defense of Newton & Co.
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3. (c) Mr. "P" writes a play "Hum Hindustani" about national integration. "Q" 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. (i) Will P succeed? (ii) What is the principle on which the court will rely? (iii) State the leading case on which this problem is based.
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Q.4 Q.4: Answer any four of the following (48 Marks)

1. (a) What is the procedure for the registration of trade marks and what is the effect of registration?
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2. (b) Discuss the powers of the Controller in granting compulsory licenses. What are the terms and conditions on which such license may be granted?
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3. (c) What is a convention application? What are the special and supplementary provisions relating to convention applications under the Patents Act?
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4. (d) Explain the concept of copyright and state the various rights which are comprised in copyrights.
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5. (e) Discuss the provisions of the Copyright Act in relation to copyright societies.
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6. (f) What is meant by the term "Intellectual Property Rights"? What is the justification for the protection of Intellectual Property Rights?
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