LL.B. (Three Years) Sem 6 Intellectual Property Laws May 2023 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. All questions are compulsory. 2. Figures to the right indicate full marks.

SECTION I - Q.1: Answer the following in two sentences (Any six) (12 Marks)

1. Q1 State two essentials of a well-known mark.
2. Q2 Who is the Registered Proprietor of a Trade Mark?
3. Q3 Define the term Inventive Step in Patents.
4. Q4 What is specification in the case of patents?
5. Q5 Explain the term Geographical Indication.
6. Q6 What all can be considered as a mark under the Trade Marks Act?
7. Q7 Name the first convention related to Patents and Copyright respectively.
8. Q8 Explain the Doctrine of Honest and Concurrent User in the Trade Marks Act.
9. Q9 Explain the term Artistic Work as defined in the Copyright Act.
10. Q10 State four important qualities of a good trade mark.

SECTION II - Q.2: Write Short notes (Any two) (12 Marks)

1. Q11 Grounds of Pre-Grant Opposition of patents.
2. Q12 Remedies in case of infringement of trade mark.
3. Q13 Compulsory Licensing of Patents.
4. Q14 Features of Intellectual Property Rights.

SECTION III - Q.3: Situational Problems (Any two) (12 Marks)

1. Q15 A music label company XYZ wants to start a music school in the name LM. In the brochure of the school they have added, "Would you like to become a melodious singer like Lata Mangeshkar, then Join LM"? (i) Can family members of Lata Mangeshkar object to the name LM as its initial of Lata Mangeshkar? (ii) What is the provision in the Trade Mark Act with respect to the use of a dead person's name as a trade mark?
2. Q16 A drug in the name of Restel manufactured by ABC Pharma Pvt. Ltd. is available in the market. Restel has been granted a process patent. Dr. Z thoroughly studies this drug and finds that if Restel is given along with another drug IMANT which is available in the market, it will benefit tremendously the patients with auto immune disorders. (i) Can Dr. Z get a patent on his new findings of the use of the drug? (ii) If Dr. Z wants to use the process of Restel in making something new, what should he do?
3. Q17 "X" has been selling a variety of dips and sauces in the market. One of the sauces is called "Green Chutney." Mr. "R" launches a range of dips and sauces and names one of them as "Green Chutney". The trade dress of the product of both manufacturers is different. (i) Can X restrict R from using the words "Green Chutney"? (ii) The logo of "Green Chutney" is artistically drawn with mint and coriander leaves. What kind of IPR rights can X claim on it?
4. Q18 Mr A is a renowned author of books which are designed to train students aspiring to take various competitive examinations. It has come to Mr. A's notice that all the books are circulated on the Telegram Channel under the name of Famous Authors Notes. (i) What remedy does Mr. A have in the given case and against whom? (ii) Can any clause of fair use be taken as a defence by the defendants?

SECTION IV - Q.4: Answer in Detail (Any two) (24 Marks)

1. Q19 Explain the Absolute and Relative Grounds of refusal of registration of trade mark registration.
2. Q20 Discuss what cannot be patented under the Indian Patent Act.
3. Q21 Explain the various kinds of Intellectual Properties with illustrations.
4. Q22 Explain the concept of author and owner of a copyright. Discuss the rights of owner of the copyright.

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