Mumbai University Solved Question Papers
Intellectual Property Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Jun 2019 Examination
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LLB 3 years Sem 6 Intellectual Property Laws Jun 2019 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 Jun 2019 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 Jun 2019 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Jun 2019 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 in two to three sentences each
20 Marks - 2 marks each
(a)What is Copyright?[2]
Answer
Definition. Section 14 of the Copyright Act, 1957 says copyright "means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof". The acts differ for each kind of work. They include reproducing the work, issuing copies, and performing or communicating it to the public. They also include making a film or sound recording of it, translating it and adapting it.
Its features.
- Exclusive. Only the owner may do these acts or license others to do them.
- In works. It exists in original literary, dramatic, musical and artistic works, films and sound recordings (section 13).
- Automatic. It arises when the work is created. Registration is optional.
- Limited in time. Usually the author's life plus sixty years (section 22).
- Expression, not ideas. It protects the form of a work, not the idea behind it.
Who owns it. The author is ordinarily the first owner (section 17), and may assign or license the rights (sections 18, 30).
Case. In R.G. Anand v. Delux Films, AIR 1978 SC 1613, a playwright said the film "New Delhi" copied his play "Hum Hindustani". The Supreme Court found no infringement. It held that copyright protects the expression of an idea, not the idea or theme itself.
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