Mumbai University Solved Question Papers
Intellectual Property Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
May 2016 Examination
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LLB 3 years Sem 6 Intellectual Property Laws May 2016 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 2016 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 2016 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 2016 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 the following in 2-3 sentences each
20 Marks - 2 marks each
(a)What is a well known trade mark?[2]
Answer
Definition. Section 2(1)(zg) of the Trade Marks Act, 1999 defines a well-known trade mark. It is a mark "which has become so to the substantial segment of the public which uses such goods or receives such services". Its use on other goods or services "would be likely to be taken as indicating a connection in the course of trade" with the owner.
What this means. A well-known mark is so famous among its buyers that people would link it with its owner even on unrelated goods. A shoe brand of that fame, used on soap, would make people think of the shoe company.
Why it matters. A well-known mark gets protection across all classes of goods and services. Under section 11(2), a later identical or similar mark is refused even for different goods. The test is whether its use would take unfair advantage of, or harm, the well-known mark's distinctive character or repute. Section 11(6) to (9) lists the factors the Registrar weighs. These include knowledge of the mark among the relevant public and the duration and area of its use and promotion. Use or registration in India is not required (section 11(9)).
Case. In N.R. Dongre v. Whirlpool Corporation, (1996) 5 SCC 714, Whirlpool's Indian registration had lapsed and the defendants registered WHIRLPOOL for washing machines. The Supreme Court upheld an injunction. It held that a reputation can cross borders through advertisements reaching India, even without the goods being sold here.
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