Master of Law (LL.M.) Group 3 Law of Intellectual Property and Information Technology Law of Industrial Designs GI Layout Designs Data Protection and Trade Secrets 2019 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B. Two complete papers are printed on this scan, one on each page, and both carry the same instructions: Please check whether you have got the right question paper. (1) Answer any four questions. (2) All questions carry equal marks. (3) Cite relevant cases to support your answers.

SECTION I - Printer's form 60641, Page 1 of 1, the first paper on the scan, seven questions 100 Marks

1. 1. Why are Industrial Designs granted legal protection? Explain the objects of Designs Act, 2000. On what grounds can the registration of a design be cancelled under Section 19 of the Act? 25 marks
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2. 2. Explain the procedure for registration of Geographical Indications of goods in India. What is the effect of such registration? 25 marks
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3. 3. What is 'Springboard Doctrine'? Critically examine the Springboard Doctrine in the context of Confidential Information. How does it affect employer-employee relationship? 25 marks
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4. 4. Explain the following terms in the context of Semiconductor Integrated Circuits Layout Design Act, 2000: 25 marks
   • a) Commercial Exploitation
   • b) Opposition to registration
   • c) Jointly-owned Layout Design
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5. 5. Explain the term 'design' as defined in Section 2 (d) of Designs Act, 2000. Who is considered the proprietor of a new or original design as per Section 2 (j) of the Act? What is the duration of registration of a design? 25 marks
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6. 6. Explain the following terms in the context of Geographical Indications of Goods (Registration and Protection) Act, 1999. 25 marks
   • a) Authorized User
   • b) Special provisions relating to Trade Marks and Prior Users
   • c) Conditions for registration of Geographical Indication
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7. 7. Write short notes on the following: 25 marks
   • a) Restoration of lapsed design under Designs Act, 2000
   • b) Trade Secrets and know-how
   • c) Prohibition of registration of certain geographical indications.
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SECTION II - Q.P. Code 29522, the second paper on the scan, seven questions 100 Marks

1. 1. Explain the term 'design' as defined in Section 2 (d) of Designs Act, 2000. What is 'copyright in design'? How can 'copyright in design' be distinguished from ordinary copyright? 25 marks
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2. 2. Write detailed notes on the following: 25 marks
   • a) Confidential or undisclosed information
   • b) Know-how
   • c) Trade Secrets
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3. 3. What are the differences between Geographical Indication and Appellation of Origin? What are the penalties for false usage of Geographical Indications in India? 25 marks
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4. 4. What are the offences which entail penalties under Semiconductor Integrated Circuits Layout Design Act, 2000? What are the remedies available against them? Who can be held liable for an offence under the Act if it is committed by a company? 25 marks
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5. 5. Why are Industrial Designs granted legal protection? What are the rights conferred by registration under Designs Act, 2000? What are grounds for cancellation of registration? 25 marks
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6. 6. Explain the procedure for registration of a Geographical Indication under Geographical Indications of Goods (Registration & Protection) Act, 1999. What are the conditions for its registration? 25 marks
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7. 7. Write notes on the following: 25 marks
   • a) Opposition to registration of Geographical Indications.
   • b) Circumstances under which Layout Designs are prohibited from registration under Semiconductor Integrated Circuits Layout Design Act, 2000.
   • c) Restoration of a lapsed design under Designs Act, 2000.
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Read from the scan above, so a character or two may differ. The scan is the original.