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

Questions asked in this paper

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

1. Q1 What is a certification trade mark?
2. Q2 Define "Invention".
3. Q3 Who is a person interested under the Patents Act, 1970?
4. Q4 What is a well-known trade mark?
5. Q5 Who is a registered proprietor in respect of a geographical indication?
6. Q6 What is a priority date u/s 11 of the Patents Act?
7. Q7 What is the distinction between a suit for passing off and a suit for infringement?
8. Q8 What are the various types of Intellectual Property Rights?
9. Q9 What is the period of assignment of copyright?
10. Q10 What are the qualifications for becoming a patent agent?

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

1. Q11 Collective Mark.
2. Q12 Copyright Board.
3. Q13 Anton Pillar Order.
4. Q14 Patents of addition.
5. Q15 Specification.
6. Q16 Geographical Indication.

SECTION III - Q.3: Attempt any two with reasoned answer (12 Marks)

1. Q17 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.
2. Q18 "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.
3. Q19 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.

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

1. Q20 What is the procedure for the registration of trade marks and what is the effect of registration?
2. Q21 Discuss the powers of the Controller in granting compulsory licenses. What are the terms and conditions on which such license may be granted?
3. Q22 What is a convention application? What are the special and supplementary provisions relating to convention applications under the Patents Act?
4. Q23 Explain the concept of copyright and state the various rights which are comprised in copyrights.
5. Q24 Discuss the provisions of the Copyright Act in relation to copyright societies.
6. Q25 What is meant by the term "Intellectual Property Rights"? What is the justification for the protection of Intellectual Property Rights?

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