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BLS LLB 5 Years Sem 10 Intellectual Property Laws Nov 2010 Question Paper with Solutions

Mumbai University Solved Question Papers

Intellectual Property Laws

Previous Year Question Paper with Solution

BLS LLB 5 Years · Sem 10

Nov 2010 Examination

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Mumbai

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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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munotes.in is an independent study resource for students of the University of Mumbai. It is not affiliated with the University of Mumbai, and is not endorsed by it.

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 Nov 2010 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.

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The Paper as Set

The questions in this volume are the questions asked at the Nov 2010 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 3 hours  ·  Total marks 100  ·  25 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.

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Q.1

Q.1: Answer the following in not more than two sentences

20 Marks - 2 marks each

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(a)State in which 'works' copyright subsists?[2]

Answer

The provision. Section 13(1) of the Copyright Act, 1957 says copyright "shall subsist throughout India" in three classes of works:

  1. "original literary, dramatic, musical and artistic works": books, computer programmes, plays, dances, tunes, paintings, photographs, buildings;
  2. "cinematograph films": feature films, serials, video recordings; and
  3. "sound recording": music albums, recorded speeches.

Conditions.

  1. Originality is required for the first class: the work must come from the author's own skill and judgment.
  2. A link with India (section 13(2)): first publication in India, or an Indian author, or for architecture, location in India. Foreign works from Berne and WTO countries are protected through section 40.
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  1. No infringement in the making. A film or sound recording that infringes another work gets no copyright (section 13(3)).
  2. Separate copyrights side by side. Copyright in a film or sound recording does not affect the separate copyright in the work recorded in it (section 13(4)). A film song carries four copyrights: the lyrics, the music, the sound recording and the film.

Case. In Eastern Book Company v. D.B. Modak, (2008) 1 SCC 1, a publisher claimed copyright in its reports of Supreme Court judgments. The Supreme Court held that copyright subsisted only in its original additions, such as paragraph numbers and editorial notes. The raw text of the judgments was not its original work.

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