I.D. END TERM EXAMINATION, APRIL-2018 B.A.LL.B. (HONS.) SEMESTER-VI Intellectual Property Rights Max. Marks: 60 Time Allowed: 3:00 Hrs. Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks Nature of Intellectual Property. Justification for Protection of Intellectual Property. Exclusive and Non-Exclusive Licenses. Copyright Protection versus Design Protection. Concept of Faustian Pact. Non-Patentable Subject Matters. Certification Mark and Collective Mark. Difference between Geographical Indications and Trade Marks. Meaning of homonymous Geographical Indications Protection of Trade Secret.
2. What do you meant by Assignment of Copyright? What is the Mode of Assignment under the Copyright Act, 1957? What are the differences between assignment and licence of copyright? (Marks Mr. X is a play writer and producer of a number of popular plays including a play called Kanoon. He tried to consider the possibility of making film based on the said play and narrated the play to Mr. Y. Further, Mr. Y without informing Mr. X made a movie called Mohra which was alleged to be based on the said play of Mr. X. Mr. X argues that the film Mohra is an infringement of his copyright in the play Kanoon. Decide the matter in the light of relevant provisions of the Copyright Act, 1957 and case laws. (Marks
3. What do you mean by Originality? What are the various practices adopted worldwide to ascertain the originality of work? Critically examine the Indian practice to ascertain originality and refer to relevant provisions of the Copyright Act, 1957 and case laws. (Marks "The author's moral rights are independent of author's copyright. The moral rights remain with the author even after the assignment/ licence of copyright and the protection lasts during the whole of copyright term." Elucidate the above sentence in the light of relevant provisions of the Copyright Act, 1957 and case laws. (Marks PTO
4. What do you mean by infringement of patents? What are various kinds of infringement of patents and how it is to be determined? Discuss and refer relevant provisions and case laws. (Marks A contracting state of the Paris Convention for the Protection of Industrial Property, 1883 doesn't grant same protection to the nationals of non-contracting state though they are having domiciled in the contracting state. Whether members of non-contracting states having domicile in contracting state are entitled to get same protection? Elucidate the situation with help of relevant provisions. (Marks
5. What is Compulsory Licence? In what circumstances a compulsory licence may be granted under the Indian Patents Act, 1970. Critically examine the grant of compulsory licence in Bayer Corporation v. Natco Pharma Limited (2012) and its implications. (Marks 10)
6. What kind of marks may be registered as Trade Mark? Whether a smell may be a trade mark? What are the relative grounds for refusal of registration of trademarks under the Trade Marks Act, 1999? Discuss. (Marks 10)
7. If there is a clear link between the product and its original place of origin/production, then what form of intellectual property is relevant for protection of such linkage? In order to function as a Geographical Indications, whether a sign must always identify a product as originating in a given place? Comment. (Marks 10)