LL.B. (Three Years) Sem 6 Intellectual Property Laws 2021-22 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Multiple choice questions (30 Marks)

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 their invention? (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. (b) Eastern Book Company v/s D. B. Modak (c) R.G. Anand v/s Deluxe Films (d) E.M. Forster v/s A.N. Parasuram
3. Q3 The term of a patent right in India is: (a) 14 years from the date of application (b) 20 years from the date of application (c) 20 years from the date of grant (d) 14 years from the date of grant
4. Q4 What is posthumous work? (a) Work of joint author (b) Work of deceased author (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 (b) 3 years from the date of application (c) 5 years from the date of application (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 (b) 3 years (c) 5 years (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 India
9. Q9 An exclusive license means: (a) A license imposing certain restrictions on the rights of the licensee (b) A compulsory license imposing certain restrictions on the rights of the licensee (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 all 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 (b) A can file for opposition within 60 days of publication before the civil court having jurisdiction (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 (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 which agreement? (a) Nice Agreement (b) Paris Convention (c) Rome Convention (d) Madrid Protocol
13. Q13 The 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 (b) it is deceptive (c) it is indicative (d) it is similar
14. Q14 IIA (Indian Institute of Accounting) takes members who complete their requisite qualification and gives them membership. The logo of IIA will fall in which kind of mark? (a) services mark (b) well-known mark (c) collective mark (d) certifying mark
15. Q15 Which of the following is not a sound recording? (a) Radio (b) Musical Album (c) Cinematography film (d) Karaoke
16. Q16 The definition of name in the Trademark Act, 1999 includes: (a) Name includes any name which is not used by anyone (b) Name includes deceptively similar name (c) Name includes unique name (d) Name includes abbreviation
17. Q17 What is Adaptation? (a) Translation (b) Copying (c) Changing the form of the work (d) Editing the original work
18. Q18 Under Copyright Act 1957, Artistic work does not include ______ (a) Sculpture (b) Photograph (c) Work of architecture (d) Computer program
19. 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 (b) Affidavit claiming invention (c) Claim (d) Patent Specification
20. 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 (c) Registered Designs (d) Trademarks

SECTION II - Descriptive questions (30 Marks)

1. Q21 An employee in the automobile industry invented a special adapter for use in vacuum cleaners in cars, using employer's materials, during the course of his employment. Explain to whom the invention belongs? And who has the right to seek a patent for the said invention?
2. Q22 Explain essential elements of a patent.
3. Q23 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.
4. Q24 What are the essential conditions to apply for obtaining a compulsory license for a patent?
5. Q25 Explain the classification of various kinds of Intellectual Property.
6. Q26 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 as a trademark of goods?
7. Q27 Write a brief note on Copyright Societies.
8. Q28 Explain the essential conditions of a trademark as per the Trademark Act, 1999.
9. Q29 Who is the first owner of the Copyright as per the Copyright Act, 1957?
10. Q30 Not every copy of copyrighted material is copyright infringement as per the Indian Copyright Act, 1957. Explain.

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