Mumbai University Solved Question Papers
Intellectual Property Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
May 2012 Examination
munotes.in
Mumbai
LLB 3 years Sem 6 Intellectual Property Laws May 2012 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 May 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 May 2012 examination, in the order it was set.
MarksPage
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 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 questions in not more than two sentences
20 Marks - 2 marks each
(a)What is a certification trade mark?[2]
Answer
Definition. Section 2(1)(e) of the Trade Marks Act, 1999 defines a certification trade mark as "a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified".
In simple words. It is a mark of a standard. It tells the buyer that the goods have been tested and meet a stated standard, for example that a fabric is pure silk or wool. Many unconnected traders may use it, if their goods pass the owner's tests.
Special rules (Chapter IX).
- The owner may not trade in the goods. It cannot be registered in the name of a person who "carries on a trade in goods of the kind certified" (section 70).
- Regulations. The application must be filed with draft regulations stating when and how the owner will certify (section 71). The Registrar considers the owner's competence and whether registration is to the public advantage (section 72).
Case. In Tea Board v. ITC Ltd., decided on 20 April 2011 by the Calcutta High Court, the Tea Board was the plaintiff. It is a statutory body that does not itself sell tea. It held DARJEELING as a geographical indication, and trade mark registrations for the word and its logo, which producers use under its control. The Court held that this protection reaches goods only, so a hotel's "Darjeeling Lounge" did not infringe.
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.