Mumbai University Solved Question Papers
Intellectual Property Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Dec 2012 Examination
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LLB 3 years Sem 6 Intellectual Property Laws Dec 2012 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 Dec 2012 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 Dec 2012 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Dec 2012 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.
Q.1
Q.1: Answer the following in not more than two sentences
20 Marks - 2 marks each
(a)Define "dramatic work".[2]
Answer
A "dramatic work" "includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting, form of which is fixed in writing or otherwise but does not include a cinematograph film" (section 2(h) of the Copyright Act, 1957). So a play, a dance or a mime is a dramatic work once its form is fixed in writing or in some other lasting way. A film is a separate kind of work.
What the definition covers.
- A piece for recitation, such as a play or a script meant to be spoken.
- A choreographic work, the steps of a dance.
- Entertainment in dumb show, a mime.
- The scenic arrangement or acting, the staging of a play.
The condition: the form must be fixed. It must be "fixed in writing or otherwise", for example in a script, a dance notation or a recording. A performance made up on the spot and never recorded is not a dramatic work. The performer may still hold a performer's right in it (section 38).
The exclusion. A cinematograph film is not a dramatic work. It is protected as a film in its own right (section 13(1)(b)).
Not every routine qualifies. In Institute for Inner Studies v. Charlotte Anderson, decided on 10 January 2014, the plaintiffs claimed copyright in the asanas of Pranic Healing. The Delhi High Court found no prima facie copyright in them as a dramatic work. The defendants were free to perform and teach the asanas, but not to copy the plaintiffs' books.
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