Mumbai University Solved Question Papers
Intellectual Property Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Apr 2014 Examination
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LLB 3 years Sem 6 Intellectual Property Laws Apr 2014 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 Apr 2014 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 Apr 2014 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Apr 2014 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) Cite case-law 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.
Q.1
Q.1: Answer in two sentences each
20 Marks - 2 marks each
(a)What is a Trade-mark?[2]
Answer
Definition. Section 2(1)(zb) of the Trade Marks Act, 1999 says that a trade mark "means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours".
Its elements.
- A mark: a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape, packaging or colour combination (section 2(1)(m)).
- Graphical representation: it can be shown on paper, so it can be registered.
- Capacity to distinguish: it tells one trader's goods or services from those of others.
Examples. A brand name on soap, a logo on shoes, the shape of a bottle, a distinctive colour scheme, or a jingle.
Its functions. It shows the origin of goods, guarantees their quality, and advertises them.
Registered and unregistered. A registered mark gives the exclusive right to use it and to sue for infringement (sections 28 and 29). An unregistered mark is protected only by passing off (section 27(2)).
Case. In Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories, AIR 1965 SC 980, the respondent owned the registered mark "Navaratna" for medicines. The Supreme Court explained that registration gives a statutory right in the mark itself. In an infringement action, once the marks are identical or deceptively similar, added matter or different packaging is no defence.
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