LL.B. (Three Years) Optional Papers Group 2 Intellectual Property Law 2021-22 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 If a company develops a new technology that improves its main product, what type of intellectual property can they use to stop others from copying
   • a) Copyright
   • b) Patent
   • c) Registered Design
   • d) Trademark
2. Q2 In which famous case, Supreme Court has laid down the guidelines for determining infringement of Copyright?
   • a. Gramophone Company of India. V/S Super Cassette Industries Ltd
3. Q3 The term of a patent right in India is
   • a) 14 years from the date of application 14
   • b) 20 years from the date of application Hof 20
   • c) 20 years from the date of grant 20 av
   • d) 14 years from the date of grant
4. Q4 What is posthumous work? A?
   • a. Work of joint author
   • b. Work of deceased author Ad HRT
   • c. Work of unknown author
   • d. Infringed work
5. Q5 A patent holder may surrender the patent after
   • a) 3 years from the date of grant 3
   • b) 3 years from the date of application Hot 3
   • c) 5 years from the date of application 5
   • d) At anytime
6. Q6 In the assignment document, if the period of assignment of copyright is not stated then it shall be deemed to be for a period of
   • a. 2 years 2
   • b. 3 years 3
   • c. 5 years 5
   • d. Lifetime
7. Q7 The following act does not amount to infringement of a patent
   • a) Colourable imitation of the invention
   • b) Material variation of the invention
   • c) Immaterial variation of the invention
   • d) Mechanical equivalents of the invention
8. Q8 Which of the important feature to be qualified as a Well Known Mark
   • a) The mark must be in use for more than 20 years
   • b) The mark must be known to a substantial segment of the population of the country
   • c) The mark must be known to the substantial segment of the public which uses such goods and services
   • d) The mark must be in use for more than 10 years and used beyond
9. Q9 An exclusive license means: Ua
   • a) A license imposing certain restrictions on the rights of the licensee
   • b) A compulsory license imposing certain restrictions on the rights of the
   • c) A license that confers unlimited rights on the licensee excluding all other persons, other than the patentee
   • d) A license which confers unlimited rights. on the licensee excluding other persons, including the patentee
10. Q10 A comes across a mark in the Trademark Journal that looks deceptively similar. What is the correct provision from the following
    • a) A cannot do anything at this stage as it is just advertised and not granted A HRT At Hell
    • b) A can file for opposition within 60 days of publication before the civil court
    • c)A can file for opposition within 4 months from the date of advertisement before the Registrar
    • d) A can file for opposition within 60 days from the date of advertisement before the Registrar
11. Q11 According to the Trademarks Act, 1999, Goods means
    • a) any movable property
    • b) any tangible property Act
    • c) anything which is subject of trade or manufacture
    • d) any tangible thing which can be manufactured
12. Q12 Classification of goods and services under the Trademark Act is based on
    • a) Nice Agreement
    • b) Paris Convention
    • d) Madrid Protocol mark “Sweet” for baked Gulab Jamun can be refused on what grounds under section 9 of the Trademarks Act, 1999
    • a) it is generic name ald
    • b) it is deceptive ad
    • c) it is indicative
    • d) it is similar a (Indian Institute of Accounting), members who complete their requisite qualification and gives them membership. The logo of IIA will fall in which kind of mark
    • a) services mark
    • c) collective mark
    • d) certifying mark Which of the following is not a sound recording?
    • a. Radio
    • b. Musical Album
    • d. Karaoke
13. Q16 The definition of name in the Trademark Act, 1999 includes
    • a) Name includes any name which is not used by anyone
14. Q17 is Adaptation?
    • a. Translation
    • c. Changing the form of the work FAST
    • d. Editing the original work Ao
15. Q18 Under Copyright Act 1957, Artistic work does not include ?
    • a. Sculpture
    • b. Photograph
    • c. Work of architecture
    • d. Computer program
16. Q19 Which of the following defines the scope of the invention for which the protection is claimed in the Patent application
    • a) Statement of invention
    • c) Claim
    • d) Patent Specification
17. Q20 Imagine a footballer sets up his own company to sell his own range of clothes. What type of intellectual property can he use to show that the clothes are made by his company
    • a) Copyright
    • b) Patents We
    • c) Registered Designs
    • d) Trademarks DESCRIPTIVE QUESTIONS MARKS 30]
18. Q1 An employee in the automobile industry invented a special adapter for use in vacuum cleaners in cars, using materials, during the course of his employment. Explain to whom the invention belongs? And right to seek a patent for the said invention?
19. Q2 Explain essential elements of patent
20. Q3 Dr. M has invented a new method of treatment for the removal of kidney stones, which is painless & less costly. Dr. “M” applies for registration of a patent for a new method of treatment invented by him. Will Dr. M succeed to get a Patent? State & explain the provisions of the law in support of your answer
21. Q4 What are the essential conditions to apply for obtaining a compulsory license
22. Q5 Explain the classification of various kinds of Intellectual Property
23. Q6 Mr. Ashwin, wants to use Oxygen as his trademark for clothes and applies for registration of a trademark to the Registrar of Trade Marks. Explain will Mr Ashwin, succeed in registering the name Oxygen trademark of goods?
24. Q7 Write a brief note on Copyright Societies
25. Q8 Explain the essential conditions of a trademark as per the Trademark Act,
26. Q9 Who is the first owner of the per the Copyright Act, 1957?
27. Q10 Not every copy of copyrighted material is copyright infringement as per the Indian Copyright Act, 1957. Explain

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