INTELLECTUAL PROPERTY RIGHTS – I (Opt.

– III)

Unit 1

16 Markers:

1. Intellectual property is a valuable asset which may be exploited in a number of ways”.

Discuss
(Dec 2015) (Dec 2016)

2. What are patentable and non-patentable inventions?

(Dec 2015) (Dec 2020)

3. Explain the procedure for granting and sealing of patent

(Dec 2015)

4. What is the procedure for applying and granting of patents?

(June 2014) (Dec 2020)

5. How a patent may be transferred by the patentee to another person? Explain

(June 2014)

6. What is Intellectual Property? Explain the various kinds of intellectual properties and
laws relating to those properties in India.
(Dec 2013) (June 2013) (Dec 2018)

7. Define patent. What are the rights of patentee?

(Dec 2013)

8. Which acts constituted infringement of patents? Explain the remedies available for
infringement.
(June 2013) (Dec 2017)

9. What is meant by grant of patent? State the grounds on which grant of patent may be
restricted.
(Dec 2016)

10. What are the rights and obligations of a patentee?

(Dec 2016) (Dec 2018)

11. State and explain the development of laws on intellectual property and the benefits on
such protection.
(Dec 2017)

12. Discuss the economic and labour justification for protection of IPR
(Dec 2020)

13. “Intellectual Property is a right existing in the nature of intangible incorporeal

property”. Discuss.
 (June 2016)

14. Define the term ‘patent’. Explain non-patentable inventions

(June 2016) (June 2017)

15. Discuss the principles underlying the patent law in India with exceptions, if any
(June 2018)

16. Who can file an application for patent? Discuss the procedure for acceptance of
application and grant of patent.
(June 2018)

17. Examine the contours of different intellectual property rights.

(June 2019)

18. Define an ‘invention’. Describe the yardsticks that determine the patentability of an
invention.
(June 2019)

19. Explain the grounds for revocation of a patent.

(June 2019)

20. “Intellectual property, although a hidden property is an important means of

accumulating tangible wealth”. Discuss.
(June 2017)

21. What is the specification? Explain the procedure for submission of specification.
(June 2017)

22. “Intellectual property rights protect the novelty in the products of human intellect in
whatever field of human activity and endeavour”. Elucidate.
(Mar 2021)

23. Explain the scope of literacy work with illustrations.

(Mar 2021)

24. Explain the powers and functions of National Bio-Diversity authority.

(Mar 2021)

25. Define the term ‘Farmer’. Explain objects of the Protection of Plant Varieties and
Farmers’ Rights Act, 2001
(Mar 2021)

8 Markers:

1. Surrender of patents (June 2014)

2. Biotech Patents (June 2014) (June 2017)

3. Remedy for infringement of patents (Dec 2013)

 4. Government use of patented inventions (Dec 2013)

5. Patentable and non-patentable inventions (June 2013)

6. Procedure for grant and scaling of patent (June 2013)

7. Specification (Dec 2016)

8. Secret Patent (Dec 2017)

9. Patent Agent (Dec 2018)

10. Sealed box patent (June 2016)

11. Transfer of Patent Rights (June 2019)

12. Intellectual property and economic development (June 2019)

Unit 2

16 Markers:

1. Explain the procedure for the Registration of Trademark under Trademark Act 1999
(Dec 2015)

2. What are the essential features of trademark? Explain different types of trademarks.
(June 2014) (Dec 2018) (June 2016) (June 2018)

3. Enumerate the Trademarks that are registrable and marks that are not registrable.
(June 2014)

4. ‘One of the grounds for rejecting an application for registration of trademark is the
lack of distinctiveness’. Explain
(Dec 2013)

5. What is ‘passing off action’? How is it different from infringement?

(Dec 2013)

6. Explain the provisions of Trademarks that is related to user and registered user of
trademark
(June 2013)

7. What is infringement of Trademark? Explain the remedies available for infringement?

(June 2013) (Dec 2018)

8. Explain the meaning of trademark emphasizing its essentials and remedies.

(Dec 2016)
 9. Discuss the powers and functions of Registrar of Trademarks
(Dec 2017)

10. Explain the grounds for refusal of registration of trademark.

(Dec 2020) (June 2017)

11. State the kind of specification. Explain its contents

(June 2016)

12. Discuss the various legal reliefs against infringement of trademarks. What are the
defenses available to defendant in an infringement suit?
(June 2018)

13. How do you appreciate the ‘Law of passing off’?

(June 2019)

8 Markers:

1. Certification trademarks (June 2014)

2. Effects of registration of trademark (June 2014)

3. Prohibited marks (Dec 2013)

4. Assignment of trademark (Dec 2013)

5. Registrable and non-registerable Trademarks (June 2013)

6. Different forms of Trademark (June 2013)

7. Deceptive Similarity (Dec 2015) (Dec 2020) (June 2017)

8. Passing off (Dec 2016) (Dec 2017) (June 2018)

9. Collective mark (Dec 2017)

10. Well known Trademark (Dec 2020)

11. Trademark Agent (June 2016)

12. Honest and Concurrent User (June 2018)

Unit 3

16 Markers:

1. Examine the jurisdiction of Information Technology Act 2000

(June 2014)
 2. Discuss the effectiveness of Information Technology Act 2000 in regulating
obscenity.
(June 2014)

3. What are cybercrimes ? Classify computer related crimes enumerated in Information

Technology Act - 2000.
(Dec 2013) (Dec 2017) (Dec 2018)

4. Analyse the drawbacks of Information Technology Act 2000.

(Dec 2013)

5. Explain the salient features of IT Act

(June 2013) (Dec 2015) (Dec 2017) (Dec 2020)

6. Explain the procedure for grant in software patent and copyright

(June 2013)

7. What are the powers and function of the controller under the IT Act, 2000
(June 2016)

8. Discuss the concept of patenting of software and copyright protection of software

programmes.
(June 2018)

9. Describe the provisions of IT Act 2000, dealing with cyber crimes.

(June 2018)

10. Who is a certifying authority? What are the functions to be performed by the
controller under IT Act, 2000)
(June 2017)

11. What are the characteristics of copyright? Explain

(Mar 2021)

12. What are the essential requisites for registration of design? Explain.
(Mar 2021)

8 Markers:

1. E-Commerce (June 2014) (Dec 2018)

2. Cyber Regulation Appellate Tribunal (June 2014)

3. Internet domain names (Dec 2013) (June 2016) (June 2018) (June 2017)

4. Digital signature certificates (Dec 2013)

5. Cyberspace (June 2013)

 6. E-Contract (June 2013) (Dec 2015)

7. Software Privacy (Dec 2016) (Dec 2020)

Unit 4

16 Markers:

1. Explain the salient features of Geographical Indications (Registration and Protection)

of Goods Act 1999
(June 2014) (June 2013)

2. Discuss the position of Geographical Indications under TRIPS agreement.

(June 2014)

3. Explain the conditions for registration of geographical indications.

(Dec 2013) (Dec 2017) (Dec 2020)

4. Define geographical indications. Distinguish them from ‘trade marks’ and ‘collective
marks’.
(Dec 2013)

5. Explain the protections available for geographical indications

(June 2013) (Dec 2015) (Dec 2018)

6. State the important GIs of India and their features.

(Dec 2016)

7. Explain the procedure for the registration of Geographical indication under GI Act,
1999
(June 2016) (June 2018) (June 2019)

8. Explain the objects of Geographical Indications (Registration and Protection) of

Goods Act, 1999
(June 2017)

8 Markers:

1. Infringement of Regd. Geographical Indications. (June 2014) (June 2013)

2. Prior users. (June 2014)

3. Homonymous geographical indications (Dec 2013)

4. Bhasmati Rice Case (Dec 2013)

 5. Right to use Geographical indication (June 2013)

Unit 5

16 Markers:

1. Discuss in detail provisions of Paris Convention – 1883

(June 2014) (Dec 2015) (Dec 2017)

2. Explain important organs of WIPO

(June 2014)

3. Who are entitled to the membership of WIPO (World Intellectual property

organizations) ? What are the functions of WIPO ? (World Intellectual Property
Organization).
(Dec 2013)

4. Discuss the features of Madrid convention for the international registration of marks.
(Dec 2013)

5. Explain the salient features of Paris Convention

(June 2013) (Dec 2018) (June 2017)

6. Discuss the Salient Features of PCT

(June 2013)

7. Paris convention guarantees the protection of Intellectual Property. Discuss.

(Dec 2016)

8. Explain the salient features of WIPO

(Dec 2020)

9. Explain Patent Co-operation treaty

(June 2016)

10. Discuss the salient features of Madrid Convention

(June 2018)

11. Explain the scope and objectives of PCT

(June 2017)

12. Explain objects of TRIPS Agreement

(Mar 2021)

8 Markers:

1. Patent Co-operation Treaty (June 2014) (Dec 2018)

2. Principle of National Treatment. (June 2014)

 3. Industrial Property (Dec 2013)

4. Convention countries (Dec 2013)

5. Madrid Agreement (June 2013)

6. Functions of WIPO (June 2013)

7. WIPO (Dec 2015)

8. Trade Libel (June 2019)

10 Markers:

1. ‘A’ sells his allopathic medicinal product under the trademark ‘Enerjex’ which is a
registered trademark. ‘B’ also sells his Ayurvedic medicines with the trademark
‘Enerjase’. Does it amount to infringement of trademark? Decide
(Dec 2015)

2. ‘A’ invented an antivirus software namely ‘Fast heal’ to provide protection to the
computer system. He has applied for patent protection for his invention. Advise him.
(Dec 2015)

3. An automobile company named Tata enjoys a goodwill in the market and is the
proprietor of a registered trademark ‘TATA’. In order to encash this reputation ‘B’
registered www.tata.org. a domain name in his company’s name. Does this amount to
infringement of trademark?
(Dec 2015)

4. A physics teacher explains a principle in his class. One of his students makes a
working invention producing a new result by putting into use the principle taught by
his teacher. Who has patent right?
(Dec 2016)

5. ‘A’ was producer of ghee under Trademark “Mathura Ghee”. ‘B’ also started
producing ghee under the trademark “Mathurang Ghee”. Is there any infringement?
(Dec 2016) (Dec 2020)

6. A neurologist invents the cure of epilepsy by delivery of mild electric shocks to brain,
will he be entitled to claim patent for such a method of treatment?
(Dec 2016)

7. X sends false information through email to his friend, ‘Y’ to cause annoyance. Has X
committed any offence under the IT Act? Decide.
(Dec 2017)

8. Ramesh who is an authorized under holding a right in a registered geographical

indication dies on whom does his right devolve?
 (Dec 2017)

9. ‘A’ and ‘B’ filed for patent application with provisional specification on the same
date for the same invention. After that ‘A’ field complete specification much earlier to
‘B’ but both filed within time allowed. Examine the status of patent application filed
by both ‘A’ and ‘B’
(Dec 2017)

10. Mr. X invented an antivirus software namely ‘Quick heal’ to provide protection to the
computer system. He has applied for patent protection for his invention. Advise him
(Dec 2018)

11. The plaintiff holds trademark on ‘DON’. The defendant begins to use trademark as
‘DAWN’. The Plaintiff challenges it. Decide.
(Dec 2018)

12. ‘X’ a proprietor of a registered Trademark brings a suit against ‘Z’ for infringement
after 15 years of such infringement. Is there any irregularity in the suit? Comment.
(Dec 2018)

13. ‘X’ invents a machine which is capable of producing bricks from fly-ash. Previously
no method existed for making any commodity of utility from fly-ash generated
thermal power plants. Would ‘X’ be entitled to claim a patent both in the method of
manufacture and the substance obtained by such manufacture?
(Dec 2020)

14. Kiran Kariyappa who is an authorized user holding a right in a registered

geographical indication dies. On whom does his right devolves?
(Dec 2020)

15. The plaintiff holds a registered trademark as ‘Raymond’ on textile fabrics. The
Defendant starts using title to his company as ‘Raymond Pharmaceutical (P) Ltd’. the
defendant’s company has nothing to do with wearing apparel. The Plaintiff seeks an
injunction to restrain the defendant from using his registered trademark. Decide.
(June 2016)

16. The Glaxo company obtains a process patent for the manufacture of drug to cure liver
disease. There after the company does not exploit this process for manufacturing the
drug but makes the drug by another process which is commonly used by the
pharmaceutical industry. Can the controller revoke the patent of the company?
(June 2016)

17. Rama and Laxman are authorized users who have registered for identical or nearly
resembling GI. Rama claims on exclusive right over it. Will he claim it?
(June 2016)

18. The trademark of the plaintiff is “SURYA’ consisted of the sun device in a half circle
with lines radically projecting out of its circumferences, alternate line being long and
alternate line being short, on the other hand the defendants device comprised of very
stylized representation by “SUN” which has flames around it with eyes, nose and
 mouth weather injunction order can we given on the defendants use of trademark.
Decide.
(June 2018)

19. An American pharmaceutical company obtains patent for its invention of medicine
which cures AIDS. The medicine is not available to the people of India. Indian
government gives permission to the Indian pharmaceutical company to produce
generic version of the same invention without the consent of the American company.
Whether there is any infringement of the patent by the Indian company? Give reasons.
(June 2018)

20. Mr. ‘A’ Has posted in his website the works of 6 well known Indian novelists without
their permission. The novelists intend to a suit for infringement of copyright against
Mr. A under IT Act, 2000. Discuss the relevant provisions.
(June 2018)

21. ‘P’ has a trademark “Specter’ on branded contact lens. ‘D’ wants to use the same for
surgical tables. Decide id ‘D’ could succeed in obtaining registration.
(June 2019)

22. Tech-illa, a maverick, claims he has invented a machine that, if used as directed, can
enable a pebble to be suspended in the air at a height of 50 feet above the earth
surface. Can the controller consider this claim for granting a patent?
(June 2019)

23. Anand Successfully claims and obtains a patient in India for his invention in the field
of gene therapy. Around 6 months subsequent to the same, Maggie, a US Citizen,
contains that she has acquired a U.S patent on the same invention 2 years prior to the
grant of patent to Anand. She wants Anand’s patent to be revoked. Can she succeed?
(June 2019)

24. Sahana Trading company and Leher trading company are engaged in manufacturing
of cosmetic products. Sahana trading company holds trademark on its product as
‘Lakme’, but Leher trading company holds trademark on its product as ‘Like-me’/
Sahana trading company challenges against the use of trademark, ‘Like-me’ by the
Leher trading company on the ground that it infringes it's trademark, ‘Lakme’.
Decide.
(June 2017)

25. The Co-owner of the patented article assigns his share in it to a 3rd party without the
consent of the other co-owner. Decide the validity of the assignment.
(June 2017)

26. X obtains digital signature certificate from the certifying authority. But it is found
thereafter that X has obtained it concealing material facts. The certifying authority
revokes the digital signature certificate of X without giving him an opportunity of
being heard. X challenges it. Decide.
(June 2017)
 27. Balraj and company obtains copyright on pictorial representation of Lord
Balasubramanya in a human form. Canaiah and company challenges it before the
court on the ground that it lacks originality. Decide.
(Mar 2021)

28. The plaintiff and defendant are engaged in selling off coconut oil using plastic bottles.
The plaintiff seeks injunction before the court against the defendant for using of
similar cap with movable lid and a hinge on the bottom as that of plaintiff's bottle.
Against it, the defendant contains that the cap alone does not stand as an article for
sale nor can it be described as a part of an article. Decide.
(Mar 2021)

29. The registrar appointed under Protection of Plant Varities and Farmer’s Rights Act
refuses an application for correction of the register being submitted by the registered
breeder of the plant variety in oral form. Can such refusal be challenged ?
(Mar 2021)

MISCELLANEOUS: 8 markers

1. Cinematographic Work
2. Gene Fund
3. Cancellation of Design.