Mumbai University Solved Question Papers
Intellectual Property Laws
Previous Year Question Paper with Solution
BLS LLB 5 Years · Sem 10
May 2024 - 60/40 Examination
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BLS LLB 5 Years Sem 10 Intellectual Property Laws May 2024 - 60/40 Question Paper with Solutions
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First published on munotes.in on 24 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the May 2024 - 60/40 examination.
The answers in this volume state the law as it stands today, not as it stood when the paper was set. The Intellectual Property Appellate Board was abolished on 4 April 2021 by the Tribunals Reforms Act, 2021, so patent revocation petitions and appeals from the Controller and the Registrar now lie to the High Court, and the Copyright Board's work, including tariff appeals, lies with the Commercial Court. Since 1 August 2024 the Jan Vishwas (Amendment of Provisions) Act, 2023 has turned several trade mark and patent offences into penalties imposed by an adjudicating officer, and the 2026 Act omitted section 119 of the Patents Act from 1 June 2026. Medicines and chemicals have had product patents only since 1 January 2005, and every patent alive on 20 May 2003 runs twenty years from filing. The Supreme Court reversed the Madras ruling in Khoday Distilleries on 27 May 2008. Copyright cases decided before 2012 cite section 52 by its old letters.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2024 - 60/40 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 2024 - 60/40 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 2 hours · Total marks 60 · 22 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q.1
Q.1: Answer any six of the following in one or two sentences
12 Marks
(a)State the first two important international conventions with respect to Industrial Property and Literary Works.[2]
Answer
The two conventions.
- Industrial property: the Paris Convention for the Protection of Industrial Property, 1883. It covers patents, utility models, industrial designs, trade marks, service marks, trade names, indications of source and the repression of unfair competition. India joined it in 1998, and it came into force for India on 7 December 1998.
- Literary works: the Berne Convention for the Protection of Literary and Artistic Works, 1886. It covers books, music, drama, paintings, films and other works. India has been bound by it since 1 April 1928.
Their key principles.
- National treatment. A member must protect nationals of other members as it protects its own (Paris Article 2; Berne Article 5(1)).
- Right of priority (Paris). A filing in one member country gives twelve months for patents, and six months for designs and trade marks, to file elsewhere (Article 4C(1)).
- No formalities (Berne). Copyright arises without registration (Article 5(2)), and lasts at least the author's life plus fifty years (Article 7(1)).
Both are administered by WIPO, and TRIPS makes their main articles binding on every WTO member.
Case. In United States: Section 211 Omnibus Appropriations Act of 1998, WT/DS176, adopted 1 February 2002, the dispute was over the HAVANA CLUB rum mark. The WTO Appellate Body found that a United States law breached the national treatment and most favoured nation duties of TRIPS and the Paris Convention. The Paris principles are enforced through the WTO today.
No formalities in India either. In Sanjay Soya Pvt. Ltd. v. Narayani Trading Company, decided on 9 March 2021, a defendant argued that a suit could not be brought on an unregistered artistic label. The Bombay High Court held that registration of copyright is not mandatory. That matches Berne's rule that protection is not subject to any formality.
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