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Intellectual Property Rights

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0% found this document useful (0 votes)
48 views17 pages

Intellectual Property Rights

Uploaded by

K.S. Upendra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

<br>

LLB40318/BLBS0313
LL.B/B.A.LL.B Degree Examinatlons - August-2023
IV/VIII Semester
Paper- l: Intellectual Property Rights
(Regulatlon-2018)
titr Thre: Hours MaximuIn:70
Part-A (6x3 = 18M)
nSVAer any ixquesticns.
I. Iníringement of Trademarks
2. WIPC

3, Assigment of copy right


4. Pair cONventio
5, Author's Rights
6, Fom:of IPR
7. Non-atentable inventions
3. Right's of patentee
9. Cinennatograplh Films
10. Geogaphical ldication
Part-B (2x 12 =24M)
Ànswer any iwO questiions.
11. Explainthe important objectives and principles governing TRIPS.

.J2. Critically examine the grounds for refused of registration under the Trademark Act,1999.
13. Whai are the different kinds of Intellectual property rights? Give examples for each one of them.
What is infringement? What are the remedies in case of infringement of Trademark and patent?
A.

Part-C (2 X 14=28M)
Answer any iwo of the following.
15. X wrotea novel raising his pen name, novel becomes so popular. Y' copied it and wrote astory for
cinennawhich is also bright. X wants to due Y. advice 'X'.
l6. X a nanufacturer of shirts used the word 'BENZ' as a trademark for marketing his products.Can the
propietors of Mercedes 'BENZ' renowned car manufacturer restrain X for use of their trademark?
17. has inventec a new kind of treatment for cancer disease. He has applied for a patent. Willhe
*succe ed in acquiring a patent. Discuss.
12, ^" an author comes to know that dilly the library of an university is allowing students to make ten
photo:copies of his book by the students. He files an infringement suit against the university, will he
succeed.
<br>

LLB40318/BLB80318
LL.B/B.A.LL,B Degrec Examinations - 0CTOBER-2022
IV/VII Semester
Paper- III: IntellectualProperty Rights
(Regulation 2018-19)
Maximum Marks:70
Time: Three Hours
PART -A
Answer any SIX questions. Each question carries 3 marks. (6x3=18)

1. Copyright Protcction of Computer Data Bascs


2. Trade Secret Law
3. Compulsory Liccnsc for Pharmaccutical Drugs
4. Moral Rights under Copyright Law
5.Paris Convention
6.83eographical Indication Protection Law

.7.Administrative Remedies under Copyright Law


Nice Classification under Trademark Law
9. Biotechnology Patents
10. Passing Off under Trademark Law
PART-B
Answer any TWO questions. Each question carries 12 marks. (2X12=24)
11. Ramya invented a new medicine from a well-kno wn herbal plant and applied for Patent for the new product.
Discuss its validity.
12. Fair use is a legaldoctrinc that promotes freedom of expression by permitting the unlicensed use of copyright
protected works in certain circumstances. -Substantiate it with recent case Law.
13. Agarwal Private Ltd had been manufacturing medicine under the trademark 'Pfizerol' to treat Jaundice. Orange
Private Ltd started to manufacture disinfectants under the same mark 'Pfizerol' Agarwal Private Ltd. Objects. Decide.
14. Discus the doctrine of the 'Swcat of the brow'. s it diierent from the 'minimal creativity' approach for
copyright protection? Discuss both in detail with the help of case law. Explain the copyright, if any, in an idea and
hcad notes of a casc.
PART -C
Answer any TWO questions. Each question carries 14 marks. (2X14=28)
15.The plaintiff was granted exclusive broadcasting rights by the Board of Cotrol for Cricket in India (BCCi) to
disseminate all information emanating from cricket matches and other rights under the Act, that arise from recording
of live sporting events. The defendants initiated messaging services on mobile phones that provided instantaneous
update of the scores of the live cricket matches. The plaintiff instituted the suit de hors copyright, seeking permanent
injunction and damages against the alleged misappropriation of its quasi-proprietary rights in the infornation
emanating from a cricketing event based on the "hot news" doctrine and the tort of unfair competition/unjust
enrichment. - Advise Plaintiff with relevant case law and statutory Provisions
16. The plaintiff, Western Book Company, publishes a law journal which contains selected judgments from the
Supreme Court of India. The judgments arc copy edited and head notcs and paragraph numbers are also added to the
published judgments. The defendant Paragon Justitia copicd the entire material from the plaintiffs Journal while
adding a few judgments from various High Courts as well. The plaintiff sues the defendant for infringement of
copyright. Discuss and decide the case.
17. What are "patentable" inventions? Explain by emphasizing on the tern "inventive step". Also discuss inventions
which are not patentable under Patcnts Act, 1970?
18. What is the difference between passing off and infringement action in Trade Marks? X' is using mark
'OCUFLOX' for a drug used in treatment of eyes containing a compound Ofloxacin. 'Y" files a sent for passing off
against 'X claiming that he is the prior user of mark OCUFLOCK for the drug used for the treatment of eye and ear
having compound Ciprofloxacin HCL. He further contends that OCUFLOX is deceptively similar to its trade mark
OCUFLOCK. 'X replied that both the drugs are Schedule L drugs which can be sold only in hospitals and hence
cannot cause confusion & deception. Decide referring to judicial decisions. What are the factors to be considered in
deciding the question of deceptive similarity and passing off action?
****R * ***
<br>

LLB40310/BLB80310
LL.B/B.A,LL.B Degree Examinations -0CTOBER-2022
IV/VIIISemester
Paper- III: Intellectual Property Rights
(Regulation 2010-11)
Time: Three Hours Maximum Marks:100

PART-A
Answer any SIX questions. Each question carrics 4 marks. (6x4=24)
1. Berne Convention
2. Doctrine of Fair Use
3. Infringement of Trademark
4. Design Protection Law
S. Convention on Bio-Diversity
6. Compulsory Licensing of copyright protected works
7. Domain Name Protection
8. Mcaning of "obviousness' under Patcnt Law
9. TRIPS Agreement
10. Neighbouring Rights under copyright Law

PART –B
Answer any TWOquestions. Each question carries 18 marks. (2x18=36)
11. Tatva is a manufacturer of Talcum Powder by namc 'Saldal Livc', Cinthol is a
manufacturer of Talcum powder
under the name 'lemon live.' Tatva filed a suit against Cinthol for infringement. ls it valid?
12. 'Patent is a monopoly right granted by the government'. Explain the cssentials pillars
of the patent with
exceptions.
13. Exanine the term owncr and autlhor of copyright with respcct to various kinds of copyright work with exccptions
for such concept.
14. What is new and original design? Discuss the law relating to registrability and cancellation
of design under the
Design Act, 2000

PART–C
Answer any TWO questions. Each question carries 20 marks. (2x20=40)
15. Discuss the economic rights of the copyright owner in literary, dramatic and musical works with special emphasis
on the right to issue copies of the work to the public not being copied
already in circulation. Discuss with the help of
John Viley V. Prabhat Chander, 2010 (44) PTC(Del).
16. Can a trade mark CARREFOR registered in various countries by
Y for furniture and other retail products
supplied through the retail chains outside India be registered by 'X in India for furmiture. The mark is not registered
in India for furniture. Y plans to open a retail chain in India with mark 'CARREFOR' for selling products except
furniture. Give reasons for your answer.
17. 'Registration is essential to protect the trademark from infringement'. Critically
examine the various stages in
registration of a trademark.
18. Mr. Ramesh Babu conceived an idea of making a reality television programme on
the problems being faced by
the gays and lesbians worldwide by inviting them to the slhow and discussing thcir problems beforc a live audicnce.
He transformed his idea into a detailed concept note containing the concept, the form, the issues, the criteria
of
selecting the participants and audience. He shared this concept note with Mr. Suresh Bhatt, a well known T.V.
programme producer in strict confidencc. Mr. Bhatt did not make any
comnitment to producc the show. After some
time, Mr. Ramesh Babu came to know about the promotion of Mr. Bhatt's programme which was
based on his
concept note. Mr. Ramesh Babu filed a case for the infringement
of his copyright in the concept note and breach of
confidentiality by Mr. Suresh Bhatt. Discuss idea-expression dichotomy in the light
Global Broadcast News Limited. 2008 (36) PTC 377 (Born.), bringing out the distinction
of Umi Juvekar Chiang Vs.
between copyright law and
law of breach of confidence.
********
<br>

124675
RollNo. ITotal No. of Pages
:2

|LL.B 40318/BLB80318]
LL.B/B.A., LL.B.DEGREE EXAMINATION, SEPTEMBER - 2021
FOURTH/EIGIITHSEMESTER
PAPER - III|
INTELLECTUAL PROPERTY RIGHTS
(NEW REGULATIONS - 2018)
Time : 3 Hours Maximum Marks : 70

PART - A
Answer any SIX Questions. Each question carries 3 Marks. (6x3=18)
1. Berne Convention.
2. Foms of IPR.

3. Copyright in Literary Works.


4. Assignment of Copyright.
5
Well-Known Trademarks.
6. Certification Trademark.
7. Conditions for Patent Grant.
8. Secrecy Direction.
9. Patents in Biotechnology.
10. Piracy in Designs.
PART - B
Answer any TWO questions. Each question carries 12 Marks. (2x12=24)
11. Discuss the Significance of WIPO and UNESCO related to Intellectual Property Rights.
12. Explain the concept of 'Moral Rights' (Special Rights of Author) with the help of
case laws.

13. Explain with the help of case law the doctrine of 'Deceptive Similarity' and the
factors to be considered by court in deciding the deceptiveness of a mark.
14. What a Patent? Write in detail about Patent Specification.

LLB40318/BLB80318/2021 (1) |Contd...


<br>

PART -C
Answer any TWO questions. Each question carries 14 Marks. (2x14-28)
15. An author assigned his copyrightto a publisher for publishing a book. The
publisher published the book and its translation also. The translation was made
by a different person. The author sued the publisher for infringement of his
Copyright. The publisher contends that as the author has assigned his copyrights
he is free to use the work as he likes. Advice the author.

16. There is a marriage function in the house of a person. He engaged 'N' for playing
music of popular film songs. P' the composer of the music brought an injunction
for copyright infringement. Decide.

17. M is a registered trademark proprietor for a mark 'BELL used in relation to


bread. N who subsequently came to market started to sell bread under the same
trade mark with respect to bread. In response to an infringement suit brought by
M, N countered that the trade mark of M is not in use since last five years,
hence there is no infringement. Decide.

18. X, invented a new method through which rice crop can be raised in 60 days with less
water and manure consumption. He applied for a Patent for his invention. Can a
patent for his invention. Can a patent be granted? If any other person interested wants
to oppose what would his ground of opposition will be?

LLB40318/BLB80318 (2)
<br>

124517 |TotalNo. of
Pages :2

Roll No.
LLB 40310/BLB80310 SEPTEMBER- 2021
REGULAR EXAMINATIONS,
LL.B DEGREE Fourtlh Semester
Examination at the End of
Course - Regulation 2010-2011
Thrcc Years
RIGHTS
INTELLECTUAL PROPERTY
PAPER- III:
Maximum Marks:100
Time: 3 Hours
PART - A
(6x4=24)
carries 4 Marks.
any SIX questions. Each question
Answer

1. TRIMS

2. WIPO

3. Term of Copyright

4. Registration of Copyright

5. Property mark.

6. Well-known trademark.

Non-Patentable Inventions.
7.

8. Novelty.

9. Government use of patents

10. Meaning of Design'.


PART - B
carries 18 marks. (2x18-36)
any TWO questions. Each question
Answer
agreement.
Discuss the salient features of the TRIPS
11.
with the help of
'Moral Rights' (Special Rights of Author)
concept of
12. Explain the
case laws.
may be rejected.
grounds under which a patent Application
13. Describe the
|Contd...
(1)
LLB40310/BLB80310/2021
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