Mumbai University Solved Question Papers
Intellectual Property Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
May 2015 Examination
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LLB 3 years Sem 6 Intellectual Property Laws May 2015 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 May 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.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2015 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 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
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 2-3 sentences each
20 Marks - 2 marks each
(a)Explain the term patent.[2]
Answer
Definition. Section 2(1)(m) of the Patents Act, 1970 says: "patent means a patent for any invention granted under this Act".
In plain words. A patent is an exclusive right granted by the Government to an inventor for an invention. The invention must be new, involve an inventive step and be capable of industrial application (section 2(1)(j)). In return, the inventor discloses the invention fully to the public in the specification.
Its features.
- Exclusive right. The patentee may stop others from making, using, selling or importing the patented product, or using the patented process, in India (section 48).
- Limited time. Twenty years from the date of filing the application (section 53).
- Territorial. An Indian patent protects only in India.
- Property. It can be assigned or licensed (sections 68 and 70).
Example. A company invents a new cancer medicine. A patent lets it alone sell the medicine in India for twenty years. After that anyone may make it.
Case. In Biswanath Prasad Radhey Shyam v. Hindustan Metal Industries, (1979) 2 SCC 511, a patent for a method of holding utensils on a lathe was revoked. The Supreme Court explained that patent law encourages research and industrial progress. The price of the monopoly is disclosure, after which the invention passes into the public domain.
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