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BLS LLB 5 Years Sem 10 Intellectual Property Laws Nov 2015 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 2015 Examination

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Mumbai

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First published on munotes.in on 24 October 2026.

This edition revised 30 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 2015 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 2015 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

Instructions printed on the paper

  • N.B: (1) All questions are compulsory. (2) Write case laws wherever necessary. (3) Figures to the right indicate full marks.

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 in 2-3 sentences each

20 Marks - 2 marks each

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(a)Explain the term "Engravings".[2]

Answer

Definition. Section 2(i) of the Copyright Act, 1957 says: "engravings include etchings, lithographs, wood-cuts, prints and other similar works, not being photographs".

What this means. An engraving is a picture printed from a design cut or etched into a hard surface. The surface may be a metal plate or a wooden block. The definition covers the plate-made prints themselves: etchings, lithographs, wood-cuts and other prints. Photographs are excluded, because the Act treats them separately.

Its place in the Act.

  1. An artistic work. An engraving is an "artistic work", "whether or not any such work possesses artistic quality" (section 2(c)(i)). So no artistic merit is needed, only originality.
  2. The owner's rights. The artistic work rights apply: to reproduce it, communicate it to the public, issue copies, include it in a film, and adapt it (section 14(c)).
  3. Term. Life of the artist plus sixty years (section 22). An engraving unpublished at the artist's death is protected for sixty years from first publication (section 24(1)).
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Case. In Microfibres Inc. v. Girdhar & Co., decided on 28 May 2009, Microfibres claimed copyright in floral patterns printed on upholstery fabric. The Delhi High Court (Division Bench) held that the original artistic work keeps its copyright. But a design from it applied industrially falls under the Designs Act, 2000, and loses copyright under section 15. An engraved pattern used to print goods is subject to the same limit.

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