Mumbai University Solved Question Papers
Intellectual Property Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
May 2023 - 60/40 Examination
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LLB 3 years Sem 6 Intellectual Property Laws May 2023 - 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 May 2023 - 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 May 2023 - 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 May 2023 - 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 the following in two sentences
Any six · (12 Marks)
(a)State two essentials of a well-known mark.[2]
Answer
Two qualities of a well-known trade mark.
- Knowledge among the relevant public. The mark must be known to a substantial segment of the public that uses the goods or receives the services. This is the test of section 2(1)(zg) of the Trade Marks Act, 1999. Under section 11(6)(i), the Registrar considers "the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in India obtained as a result of promotion".
- Long and wide use and promotion. Under section 11(6)(ii) and (iii), the Registrar considers "the duration, extent and geographical area" of the use of the mark, and of its promotion, including advertising and fairs.
Other factors. The record of registrations and of successful enforcement also count (section 11(6)(iv), (v)). The mark need not be used or registered in India, nor be known to the public at large (section 11(9)).
Why it matters. A well-known mark is protected even against use on dissimilar goods (section 11(2)).
Cases. In Milmet Oftho Industries v. Allergan Inc., (2004) 12 SCC 624, Allergan's mark OCUFLOX for an eye drug was not used in India. The Supreme Court upheld an injunction for Allergan, which was first in the world market. In Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd., (2018) 2 SCC 1, Toyota failed because it could not prove that its PRIUS reputation existed among Indian buyers at the relevant date.
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