Mid Term Examination, September 2018
B.A. LL.B. (HONS.)
SEMESTER VII IX
IPR (Hons.-I)-Copyright
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: Answer any TWO questions out of three.
The number of marks carried by each question is indicated at the end of thequestion.
1. Answer the following:-
a. Discuss the historical significance of the Statute of Anne 1709 in light of the below statements: "Copyright is a common law right of an author to his copy stemming from action of creation" v. "Copyright is a deliberate creation of the statute". (Marks 06)
b. Discuss whether protection under copyright regime can be extended to "unfixed performances" stating reasons by reliance on appropriate provisions of international copyright law relating to rights of performers. (Marks 04)
2. Answer the following:-
a. Explain the concept of automatic protection and principle of independence of protection as under the international legal instruments concerning protection of copyright. (Marks 05)
b. With help of suitable case laws, discuss whether abridgement of an original literary work can be copyrighted. (Marks 05)
3. Answer the following:-
a. Jayanti hand printed designs on a scarf and gifted it to her friend. Life-long Labels later started manufacturing scarfs and stoles having same designs on them. Jayanti sued Life-long Label claiming copyright infringement. However, at the point of suit, the scarf gifted by Jayanti was accidently burned beyond recognition by her friend. Discuss the copyrightability of the design in relation to subject matter, requirement of fixation and infringement. (Marks 05)
b. Discuss how far the Hegelian theory of property stands as a justification to Copyright in the current intellectual property legal regime. (Marks 05)