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BLS LLB 5 Years Sem 10 Intellectual Property Laws Oct 2025 - 75/25 Question Paper with Solutions

Mumbai University Solved Question Papers

Intellectual Property Laws

Previous Year Question Paper with Solution

BLS LLB 5 Years · Sem 10

Oct 2025 - 75/25 Examination

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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 Oct 2025 - 75/25 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 Oct 2025 - 75/25 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 2½ hours  ·  Total marks 75  ·  21 questions answered

Instructions printed on the paper

  • N.B: 1. All questions are compulsory. 2. 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 not more than two sentences

Any six · (12 Marks)

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(a)Define the term Musical Work as per the Copyright Act, 1957.[2]

Answer

Definition. Section 2(p) of the Copyright Act, 1957 says: "'musical work' means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music".

What this means.

  1. Music alone. The musical work is the melody and harmony, the tune itself.
  2. Notation not needed. It "includes" the written notation, but the music is protected even if it was never written down.
  3. Words are separate. The lyrics of a song are a literary work, and any dance with it may be a dramatic work. Each has its own copyright and may have a different owner.

Author and term. The author of a musical work is its composer (section 2(d)(ii)). Copyright lasts for his life plus sixty years (section 22).

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Case. In Sulamangalam R. Jayalakshmi v. Meta Musicals, AIR 2000 Mad 454, the plaintiffs claimed copyright in the music of two devotional songs. They were Kandha Sashti Kavacham and Kandha Guru Kavacham. The Madras High Court granted an interim injunction. It held prima facie that the music of both songs was a musical work in copyright. The words of the second were also a literary work. One recorded song can carry separate copyrights in its music, its words and the recording.

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