Mumbai University Solved Question Papers
Intellectual Property Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Dec 2019 Examination
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LLB 3 years Sem 6 Intellectual Property Laws Dec 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 Dec 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 Dec 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 Dec 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)Who is an author?[2]
Answer
Definition. Section 2(d) of the Copyright Act, 1957 names the author for each kind of work:
- a literary or dramatic work: "the author of the work", the writer;
- a musical work: "the composer";
- an artistic work other than a photograph: "the artist";
- a photograph: "the person taking the photograph";
- a cinematograph film or sound recording: "the producer"; and
- a computer-generated work: "the person who causes the work to be created".
Why it matters. The author is ordinarily the first owner of copyright (section 17). The term is usually measured from the author's death (section 22). The author also has moral rights, which survive any assignment (section 57).
Joint authors. Where two or more persons collaborate and their contributions are not distinct, they are joint authors (section 2(z)). The term then runs from the death of the author who dies last.
Author and owner differ. An employer, or a person who commissions a photograph or portrait, may own a work that someone else authored (section 17).
Case. In Najma Heptulla v. Orient Longman Ltd., AIR 1989 Del 63, Maulana Azad narrated his experiences and Humayun Kabir wrote them down in his own words as "India Wins Freedom". The Delhi High Court held both to be authors. Their close collaboration made it a work of joint authorship.
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