LL.B. (Three Years) Sem 6 Intellectual Property Laws Nov 2022 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. All questions are compulsory. 2. Figures to the right indicate full marks.

Q.1 Q.1: Answer in two sentences (any six) (12 Marks)

1. (a) Who is a Patent Agent?
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2. (b) Who are the persons qualified to apply for a patent?
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3. (c) Define Geographical Indication.
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4. (d) What constitutes a good trade mark?
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5. (e) Define Distinctiveness.
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6. (f) Explain the term Collective mark.
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7. (g) What are cinematograph films?
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8. (h) Explain Communication to Public?
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9. (i) What is Posthumous Work?
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10. (j) State any two grounds on which trade mark registration can be refused.
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Q.2 Q.2: Write short notes (any two) (12 Marks)

1. (a) Design Protection.
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2. (b) Assignment of copyright.
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3. (c) Essentials of a good trade mark.
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4. (d) Doctrine of Honest and Concurrent Use.
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Q.3 Q.3: Answer the following with reasons (any two) (12 Marks)

1. (a) Mr T invents a topography of integrated circuits and applies for a patent for the same. (i) Will Mr. T succeed in getting a patent? (ii) What is the provision of law regarding the invention of topography of integrated circuits?
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2. (b) A well-known singer Sneha Thakkar made a remix of two famous songs, 'Tu Cheeze Badi hai Mast Mast' and 'TipTip Barsa Paani' from a superhit movie of 1990's named 'Mohra'. (1) Does it amount to infringement of copyrights? (2) What remedies the producer of the film Mohra have?
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3. (c) Being inspired by the Web series 'Maharani', Shashi Khanna, a fiction author wrote a biography of Smt. Rabri Devi named 'RANIDEVI' without her consent. Smt. Rabri Devi sought an injunction on the sale of the said book. But the controversy led to heavy public demand of the book. Mohan Trivedi made a pirated copy of this book and began to sell it all over India. (i) What remedies would have been available to the author, if there was no injunction against his book? (ii) What are the remedies available to Smt. Rabri Devi?
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4. (d) In 2003, Famous Camera Ltd. Invents and adopts the trade mark 'THADAX' in relation to cameras and obtains registration of the same THADAX. THADAX becomes a very popular brand in most Asian Countries in a short while. In 2005, Super Cakes Private Ltd. launches its cakes under the trade name THADAX. (i) Can Famous Cameras Ltd. take action against Super Cakes Ltd for restraining Super Cakes Ltd from using the trade mark THADAX? (ii) Can Famous Camera Ltd. Succeed in the action against Super Cakes Ltd., if the trade mark was popular only in Mumbai?
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Q.4 Q.4: Answer the following in detail (any two) (24 Marks)

1. (a) Explain non-patentable inventions with illustrations.
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2. (b) Explain the concept of Authorship and Ownership in copyrights. Discuss the rights of the copyright owner.
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3. (c) Explain the procedure for registration of copyrights.
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4. (d) State the registration process of a trade mark and what are the rights conferred by registration.
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Read from the scan above, so a character or two may differ. The scan is the original.