Mumbai University Solved Question Papers
Intellectual Property Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Nov 2022 - 60/40 Examination
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LLB 3 years Sem 6 Intellectual Property Laws Nov 2022 - 60/40 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 Nov 2022 - 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 2022 - 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 2022 - 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 · 22 questions answered
Instructions printed on the paper
- N.B: 1. All questions are compulsory. 2. 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
any six · (12 Marks)
(a)Who is a Patent Agent?[2]
Answer
Definition. Section 2(1)(n) of the Patents Act, 1970 says a patent agent "means a person for the time being registered under this Act as a patent agent". He is a professional who acts for inventors and applicants before the Patent Office.
Who may be registered (section 126(1)). The person must:
- be a citizen of India;
- have completed 21 years of age;
- hold a degree in science, engineering or technology from a University in India, or an equivalent qualification; and
- have passed the qualifying examination, or have worked for at least ten years as an examiner or Controller; and
- pay the prescribed fee.
What he may do (section 127). Practise before the Controller, and prepare documents and transact all business in proceedings before the Controller. All applications and communications to the Controller may be signed by a patent agent authorised in writing (section 128). Only a registered agent may practise as one (section 129).
Case. In Ms Anvita Singh v. Union of India, 2012 SCC OnLine Del 1329, the qualifications for registration under section 126 and the agents' examination were challenged. The Delhi High Court dealt with the statutory qualifications and the examination the Controller may hold. It did so in the context of the 2005 amendment, which ended the right of advocates to register without passing the examination.
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