Mid Term Examination, March 2017
B.A.LL.B. (HONS.)
Semester VI Intellectual Property Rights
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: Answer any TWO questions out of three. All questions carry equal marks.
1. What do you mean by Intellectual Property? How it is different from tangible property? Substantiate your answer with reasons. (Marks 10)
2. Answer the following:
a. Explain, idea and expression dichotomy. (Marks 05)
b. What are the various remedies available under the Indian Copyright Act, 1957?
(Marks 05)
3. Answer the following:
a. Explain the doctrine of sweat and brow doctrine of modicum of creativity.
(Marks 05)
b. A book recorded experiences of Mr. John. Mr. John used to describe his experience and Mr. Shawn, a close associate of Mr. John, used to make copious notes. When sufficient material was collected for a chapter, Mr. Shawn prepared a draft in English and gave it to Mr. John. Mr. John read each chapter and after that both Mr. John and Mr. Shawn went over that chapter together. Mr. John used to make many amendments, additions, alterations and omissions. Mr. Shawn's function was only to record Mr. John's feelings. Mr. Shawn did not interfere with the opinions and judgments in the book, even if he did not agree with Mr. John. Mr. John communicated his thought to Mr. Shawn in Spanish and the later strived as far as he could to reflect it with complete accuracy in English.
Whether Mr. Shawn can be considered as the joint author in the instant case? State your answer with relevant provisions of the Copyright Act, 1957 and case laws, if any.
(Marks 05)