Mumbai University Solved Question Papers
Intellectual Property Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Nov 2024 - 60/40 Examination
munotes.in
Mumbai
LLB 3 years Sem 6 Intellectual Property Laws Nov 2024 - 60/40 Question Paper with Solutions
Get access to whole semester resourcesSemester Pass
MU law student group
Free to join
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.
Passages from this volume may be quoted, in print, online or by an AI system, with credit: name munotes.in and link to this volume's page. The volume may not be reproduced as a whole. Full terms at munotes.in/content-license.
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 Nov 2024 - 60/40 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 Nov 2024 - 60/40 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Nov 2024 - 60/40 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 2 hours · Total marks 60 · 21 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 any six of the following in one or two sentences
12 Marks
(a)Explain Product Patent and Process Patent.[2]
Answer
Product patent. A patent for a thing: a new substance, machine or article, such as a new medicine or a new engine. Under section 48(a) of the Patents Act, 1970, the patentee may stop others making, using, offering for sale, selling or importing the product in India. This holds whatever process the rival uses.
Process patent. A patent for a method of making or doing something, such as a new way of making a known chemical. The patentee may prevent others from using the process. He may also stop dealings in the product obtained directly by it (section 48(b)).
The difference.
| Point | Product patent | Process patent |
|---|---|---|
| Protects | The thing itself | The method |
| A rival using another process | Infringes | Does not infringe |
| Burden of proof | On the patentee | May shift to the defendant (section 104A) |
Indian history. The 1970 Act allowed only process patents for food, medicines and chemicals. Indian firms could make the same medicine by a different process. Since 1 January 2005, product patents are available in all fields, as TRIPS Article 27.1 requires.
Case. In Bayer Corporation v. Union of India, 2014 SCC OnLine Bom 963, Bayer held a product patent on the cancer drug sorafenib. No generic maker could sell it by any process without a licence. Natco obtained a compulsory licence, which the Bombay High Court upheld because the drug was unaffordable.
The rest of the answers
The first answer is free. The rest come with the LL.B. 3 Years Semester 6 solved papers.
You have read the question paper and its first answer in full. Buy the solved papers once and you can read every answer of every solved paper in this semester.
Notes + Solved papers: ₹798 Already bought it? Sign in
Or solved papers only: ₹499
Or notes only: ₹499
The question paper itself stays free, and so does the syllabus.
Found an error in this volume? Report it and we will check it against the paper.