LL.B. (Three Years) Sem 6 Intellectual Property Laws May 2023 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.

SECTION I - Q.1: Answer the following (20 Marks)

1. Q1 Explain the term Invention under the Indian Patent Act.
2. Q2 What are certification marks?
3. Q3 What works are included under 'Literary Works' under the copyright Act?
4. Q4 Define the term 'Goods' and 'Name' as defined in the Trade Marks Act 1999.
5. Q5 Explain the term 'claims' under patent law?
6. Q6 Who is a performer under the Copyright Act?
7. Q7 What is the term of copyright in India with respect to literary work and photographs?
8. Q8 Explain the term Patent?
9. Q9 Name the types of intellectual properties.
10. Q10 What is a patent of addition?

SECTION II - Q.2: Write short notes (Any Four) (20 Marks)

1. Q11 Patent Cooperation Treaty.
2. Q12 Infringement and Passing-off.
3. Q13 Adaptation of literary work.
4. Q14 Characteristics of a good trade mark.
5. Q15 Rights of Copyright Owner.
6. Q16 Kinds of trade mark.

SECTION III - Q.3: Situational questions (12 Marks)

1. Q17 Government of India starts manufacturing a drug which is patented by PACTO Pharma Ltd. The drug is distributed to government medical colleges and hospitals. PACTO Pharma Ltd. files a suit of infringement against the government. (i) Will PACTO Pharma Ltd. succeed in the suit? (ii) Which provisions of the Patents Act will be applicable in this scenario?
2. Q18 Ms. Suchitra has released her music album. Her music album is played by the students of Vidya Mandal School in their Annual Day Program as a part of cultural activity. The audience had not paid any fees to attend the program. (i) Whether Ms Suchitra can take legal action against Vidya Mandal School for infringement of her copyright. (ii) What is the defence available to Vidya Mandal School if sued for infringement by Ms Suchitra?
3. Q19 Avil Co. Ltd. wants to use the mark "Tanishq" as its trade mark for its range of cosmetics and applies for registration to the Registrar of Trade Marks. (i) Whether Avil Co. Ltd. will succeed to get its mark registered. (ii) State the Doctrine involved.

SECTION IV - Q.4: Answer in detail (any four) (48 Marks)

1. Q20 What is a patentable invention? Discuss the inventions which are not patentable under the Patents Act with examples.
2. Q21 Discuss in detail what works can be copyrighted under the Copyright Act.
3. Q22 Elucidate fair use provisions under the copyright law.
4. Q23 What is a trade mark? What are the grounds for refusal of registration of trademarks?
5. Q24 Who can file a Patent Application? What are the contents of Application? Explain relevant provisions related to 'Specification'.
6. Q25 Explain with case laws the Doctrine of Deceptive Similarity under the Trade Marks Act.

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