Mumbai University Solved Question Papers
Intellectual Property Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
May 2026 - 75/25 Examination
munotes.in
Mumbai
Mumbai University Solved Question Papers
Intellectual Property Laws
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
May 2026 - 75/25 Examination
munotes.in
Mumbai
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 2026 - 75/25 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.
The questions below are the paper as the University of Mumbai set it at the May 2026 - 75/25 examination, in the order it was set.
MarksPage
MarksPage
The questions in this volume are the questions asked at the May 2026 - 75/25 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 2½ hours · Total marks 75 · 21 questions answered
Instructions printed on the paper
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: Answer any six of the following in one or two sentences
12 Marks
Answer
Meaning. A compulsory licence is a licence to work a patented invention that the Controller of Patents grants to an applicant without the patentee's consent. The licensee may then make and sell the invention, paying the patentee a royalty fixed by the Controller.
The provision. Section 84(1) of the Patents Act, 1970 allows "any person interested" to apply "at any time after the expiration of three years from the date of the grant of patent". The application must rest on one of three grounds:
Terms. Under section 90(1) the licence must be non-exclusive and non-assignable, and the patentee gets a reasonable royalty. Separate licences exist for a national emergency (section 92) and for exporting medicines to countries that cannot make them (section 92A).
The leading case. In Bayer Corporation v. Union of India, 2014 SCC OnLine Bom 963, Bayer sold its patented cancer drug sorafenib at about Rs 2,80,000 for a month's treatment. Natco offered it at about Rs 8,800. The Controller granted India's first compulsory licence to Natco in 2012. The Bombay High Court upheld it on all three grounds. It held that affordability is judged from the standpoint of the public and the patients, not the patentee.
The rest of the answers
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.