I.D.
END TERM EXAMINATION, NOVEMBER 2017
B.A.LL.B. (HONS.)
SEMESTER-VII IX
Intellectual Property Rights (Hons.-I) Patent
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. Answer the following (each answer should be in approximately 100 words) (Marks
a. What are the justifications for granting patent monopoly?
b. What are the salient features of Budapest Treaty, 1977?
c. What do you mean by 'any hardware approach' for patenting of computer programs?
d. What constitutes 'prior
e. What are the powers of controller relating to patent application?
f. Briefly discuss revocation of patent in public interest?
g. What do you mean by patent linkage?
h. What are the rights of a patentee?
i. What do you mean by 'priority date' and 'unity of invention'?
j. Briefly discuss Section 92 A of the Patent Act, 1970.
2. Discuss the changes brought out in the standards of patentability in the Indian Patent Act by the 2005 Amendment. Refer to sections and Also refer to the case of Novartis AG v. Union of India. (Marks 10)
3. "Animals are potentially patentable so long as the application does not attempt to patent an animal variety, i.e. an invention relating to an animal may be patentable, so long as the technical aspect of the invention does not reside in a particular animal variety". Discuss the above statement with reference to Harvard Oncomouse case. Also refer to the view of Indian Courts on Patentability of biological inventions. (Marks 10)
4. (a)What is doctrine of 'Pith and Marrow' for determination of infringement of patent? How far do you agree with the view that it is a bit vague doctrine?
Discuss the relevance of the 'doctrine of equivalence' adopted by American Courts.
(Marks
5. (a)"Working of patent could mean local manufacture entirely and working in some cases could mean only importation. It would depend on the facts and evidence of each case." Discuss the above with reference to grounds for issuance of compulsory license. Also refer to case law.
Discuss the procedure to obtain compulsory licenses under the Patent Act, 1970.
(Marks
6. Discuss the validity of the following:- (Marks
a. Importation of a product from another country without the permission of the patent holder after legally purchasing it from an authorized person in the other country.
b. The use of a patented invention without the consent of the patent holder for the purpose of acquiring governmental approval.
7. Write notes on the following:- (Marks
a. Opposition of a patent application
b. Examination of a patent application.